senate Bill S2605D

Signed by Governor

Enacts major components of legislation necessary to implement the public protection - general government budget for the 2013-14 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO FINANCE
  • 13 / Feb / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Feb / 2013
    • PRINT NUMBER 2605A
  • 22 / Feb / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 22 / Feb / 2013
    • PRINT NUMBER 2605B
  • 09 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 09 / Mar / 2013
    • PRINT NUMBER 2605C
  • 20 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 20 / Mar / 2013
    • PRINT NUMBER 2605D
  • 24 / Mar / 2013
    • ORDERED TO THIRD READING CAL.271
  • 24 / Mar / 2013
    • PASSED SENATE
  • 24 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Mar / 2013
    • REFERRED TO WAYS AND MEANS
  • 28 / Mar / 2013
    • SUBSTITUTED FOR A3005D
  • 28 / Mar / 2013
    • ORDERED TO THIRD READING RULES CAL.44
  • 28 / Mar / 2013
    • MOTION TO AMEND LOST
  • 28 / Mar / 2013
    • MOTION TO AMEND LOST
  • 28 / Mar / 2013
    • MOTION TO AMEND LOST
  • 28 / Mar / 2013
    • PASSED ASSEMBLY
  • 28 / Mar / 2013
    • RETURNED TO SENATE
  • 28 / Mar / 2013
    • DELIVERED TO GOVERNOR
  • 28 / Mar / 2013
    • SIGNED CHAP.55

Summary

Enacts major components of legislation into law that are necessary to implement the public protection and general government budget for the 2013-2014 state fiscal year; authorizes the governor to close correctional facilities; authorizes the urban development corporation, the office of general services and the department of corrections and community supervision to transfer and convey certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc.; increases surcharges for certain violations; establishes enhanced penalties for multiple violations of the mobile phone and texting prohibitions; relates to adopting the national crime prevention and privacy compact; extends numerous provisions of law; relates to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument; creates a new New York state gaming commission account; relates to reducing purse amounts paid from the VLT program; relates to reforming the local government citizens re-organization empowerment grant program and the local government efficiency grant program; relates to providing for the consolidation of certain information technology staff and services within the office of information technology services; relates to the office of cyber security; increases discretionary thresholds for procurement of food commodities; includes school districts and boards of cooperative educational services in the intrastate mutual aid program; relates to state aid on certain state leased or state-owned land; relates to emergency alerts; relates to extending the authority for the joint underwriting association to issue broad form insurance coverage; and relates to eliminating the earnings limitation for retired police officers employed as school resource officers.

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Bill Details

See Assembly Version of this Bill:
A3005D
Versions:
S2605
S2605A
S2605B
S2605C
S2605D
Legislative Cycle:
2013-2014
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2605--D                                            A. 3005--D

                      S E N A T E - A S S E M B L Y

                            January 22, 2013
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT authorizing the governor to close  correctional  facilities;  and
  providing  for  the  repeal of such provisions upon expiration thereof
  (Part A); authorizing the urban development corporation, the office of
  general services and  the  department  of  corrections  and  community
  supervision  to  transfer  and  convey  certain lands in the county of
  Bronx, city of New York, to the Thomas  Mott  Osborne  Memorial  Fund,
  Inc.  (Part  B);  to amend the vehicle and traffic law, in relation to
  increasing surcharges for certain violations; in relation to  enhanced
  penalties  for  multiple  violations  of  the mobile phone and texting
  prohibitions (Part C); to amend the  executive  law,  in  relation  to
  adopting  the  national crime prevention and privacy compact (Part D);
  to amend chapter 887 of the laws of 1983, amending the correction  law
  relating  to  the  psychological testing of candidates, in relation to
  the effectiveness thereof; to amend chapter 428 of the laws  of  1999,
  amending  the executive law and the criminal procedure law relating to
  expanding the geographic area of employment of  certain  police  offi-
  cers,  in  relation  to  extending  the expiration of such chapter; to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-08-3

S. 2605--D                          2                         A. 3005--D

  amend chapter 886 of the laws of 1972, amending the correction law and
  the penal law relating to prisoner furloughs in certain cases and  the
  crime of absconding therefrom, in relation to the effectiveness there-
  of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
  and  54  of  the  laws  of 1987, the correction law, the penal law and
  other chapters  and  laws  relating  to  correctional  facilities,  in
  relation  to  the  effectiveness  thereof; to amend chapter 339 of the
  laws of 1972, amending the correction law and the penal  law  relating
  to  inmate work release, furlough and leave, in relation to making the
  provisions of such chapter permanent; to amend chapter 60 of the  laws
  of  1994  relating to certain provisions which impact upon expenditure
  of certain appropriations made by chapter  50  of  the  laws  of  1994
  enacting the state operations budget, in relation to the effectiveness
  thereof;  to  amend  chapter  3  of  the  laws  of  1995, amending the
  correction law and other laws relating to the  incarceration  fee,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapter; to amend chapter  62  of  the  laws  of  2011,  amending  the
  correction  law and the executive law, relating to merging the depart-
  ment of correctional services and division of parole into the  depart-
  ment  of  corrections  and  community  supervision  in relation to the
  effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
  ing the tax law and other laws relating to taxes, surcharges, fees and
  funding, in relation to extending the expiration of certain provisions
  of such chapter; to amend chapter 907 of the laws  of  1984,  amending
  the correction law, the New York city criminal court act and the exec-
  utive  law  relating  to  prison  and jail housing and alternatives to
  detention and incarceration programs, in  relation  to  extending  the
  expiration of certain provisions of such chapter; to amend chapter 166
  of  the  laws of 1991, amending the tax law and other laws relating to
  taxes, in relation to extending the expiration of  certain  provisions
  of  such chapter; to amend the vehicle and traffic law, in relation to
  extending the expiration of the mandatory surcharge and victim assist-
  ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
  cle and traffic law relating to the ignition interlock device program,
  in relation to extending the expiration thereof; to amend chapter  435
  of the laws of 1997, amending the military law and other laws relating
  to various provisions, in relation to extending the expiration date of
  the  merit  provisions of the correction law and the penal law of such
  chapter; to amend chapter 412 of the laws of 1999, amending the  civil
  practice law and rules and the court of claims act relating to prison-
  er  litigation  reform, in relation to extending the expiration of the
  inmate filing fee provisions of the civil practice law and  rules  and
  general  filing  fee  provision  and inmate property claims exhaustion
  requirement of the court of claims act of such chapter; to amend chap-
  ter 222 of the laws of 1994 constituting  the  family  protection  and
  domestic  violence  intervention act of 1994, in relation to extending
  the expiration of certain provisions of  the  criminal  procedure  law
  requiring the arrest of certain persons engaged in family violence; to
  amend chapter 505 of the laws of 1985, amending the criminal procedure
  law relating to the use of closed-circuit television and other protec-
  tive  measures  for  certain child witnesses, in relation to extending
  the expiration of the provisions thereof; to amend chapter  3  of  the
  laws  of 1995, enacting the sentencing reform act of 1995, in relation
  to extending the expiration of certain provisions of such chapter;  to
  amend  chapter 689 of the laws of 1993 amending the criminal procedure
  law relating to electronic court appearance in  certain  counties,  in

S. 2605--D                          3                         A. 3005--D

  relation to extending the effective date thereof; to amend chapter 688
  of  the  laws of 2003, amending the executive law relating to enacting
  the interstate compact for adult offender supervision, in relation  to
  the  effectiveness  thereof; to amend part H of chapter 56 of the laws
  of 2009, amending the correction law relating to limiting the  closing
  of  certain  correctional facilities, providing for the custody by the
  department  of  correctional  services  of  inmates  serving  definite
  sentences,  providing  for  custody of federal prisoners and requiring
  the closing of certain correctional facilities,  in  relation  to  the
  effectiveness  of  such  chapter;  and to amend section 3 of part C of
  chapter 152 of the laws of 2001, amending the military law relating to
  military funds of the organized militia, in relation to the effective-
  ness thereof; to amend section 5 of chapter 554 of the  laws  of  1986
  amending  the  correction  law and the penal law relating to providing
  for community treatment  facilities  and  establishing  the  crime  of
  absconding  from  the community treatment facility, in relation to the
  effectiveness thereof (Part E); to amend chapter 503 of  the  laws  of
  2009,  relating  to  the  disposition  of  monies  recovered by county
  district attorneys before the filing of an accusatory  instrument,  in
  relation  to the effectiveness thereof (Part F); intentionally omitted
  (Part G); intentionally omitted (Part H); to amend the  state  finance
  law,  in  relation  to creating a new New York state gaming commission
  account (Part I); to amend the tax law, in relation to reducing  purse
  amounts paid from the VLT program (Part J); to amend the state finance
  law, in relation to reforming the local government citizens re-organi-
  zation  empowerment  grant program and the local government efficiency
  grant program (Part K); intentionally omitted (Part L);  intentionally
  omitted (Part M); to amend the executive law, the state technology law
  and the general business law, in relation to providing for the consol-
  idation  of  certain  information technology staff and services within
  the office of information technology services; and to  repeal  section
  715  of  the  executive  law, relating to the office of cyber security
  (Part N); intentionally omitted (Part O); to amend the  state  finance
  law,  in  relation to increasing discretionary thresholds for procure-
  ment of food commodities (Part P); to  amend  the  executive  law,  in
  relation  to  including  school  districts  and  boards of cooperative
  educational services in the intrastate mutual aid  program  (Part  Q);
  intentionally  omitted  (Part  R);  intentionally omitted (Part S); to
  amend the public lands law, in relation to state aid on certain  state
  leased  or  state-owned land (Part T); intentionally omitted (Part U);
  to amend the executive law, in relation to emergency alerts (Part  V);
  to amend the insurance law, in relation to extending the authority for
  the  joint  underwriting  association  to  issue  broad form insurance
  coverage (Part W); to amend chapter 141 of the laws of 1994,  amending
  the  legislative  law and the state finance law relating to the opera-
  tion and administration of the legislature, in relation  to  extending
  such  provisions (Part X); to amend the retirement and social security
  law, in relation to eliminating the earnings  limitation  for  retired
  police  officers employed as school resource officers (Part Y); and to
  amend chapter 401 of the laws of 2002, amending the real property  tax
  law  and  the Nassau county administrative code relating to assessment
  and review of assessments in the county  of  Nassau,  in  relation  to
  extending  the expiration and repeal of certain provisions thereof; to
  amend the real property tax law, in relation to assessment and  review
  of  assessments;  and  providing  for the repeal of certain provisions
  upon expiration thereof (Part Z)

S. 2605--D                          4                         A. 3005--D

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through Z. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the  correction law, the governor is authorized to close the Bayview and
Beacon correctional facilities of  the  department  of  corrections  and
community supervision, in state fiscal year 2013-14, as he determines to
be  necessary  for  the  cost-effective  and  efficient operation of the
correctional system, provided that the governor  provides  at  least  60
days notice prior to any such closures to the temporary president of the
senate and the speaker of the assembly.
  S  2. This act shall take effect April 1, 2013 and shall expire and be
deemed repealed March 31, 2014.

                                 PART B

  Section 1. Notwithstanding any inconsistent provision of  law  to  the
contrary,  the  urban  development corporation is authorized to transfer
and convey to the Thomas Mott Osborne Memorial  Fund,  Inc.  its  right,
title,  and  interest  in the lands and improvements known as the Fulton
Correctional Facility and further described in section two of this  act.
The  conveyance  shall  be  made  upon such terms and conditions, as the
board of directors of the urban  development  corporation  may,  in  its
discretion, fix and determine.  The commissioner of general services and
the  commissioner  of the department of corrections and community super-
vision are hereby empowered to enter into  such  contractual  agreements
with  the  corporation  and  its subsidiaries to effect the transfer and
conveyance and do all things necessary to carry out  the  provisions  of
this act.
  S  2. The lands to be conveyed pursuant to section one of this act are
situated in the city of New York, county of  Bronx,  and  are  generally
described as follows:
                                Parcel I
  All  that  piece  or parcel of land lying and being in the Borough and
County of the Bronx, City and State of New York, and being  all  of  Lot
No. 30, Block 2928, and being more particularly described as follows:
  Beginning  at  the  intersection  of  the  northerly  line of E. 171st
Street, and the westerly line of Fulton Avenue,  thence  westerly  along
the northerly line of E.  171st Street, 115.32 feet to the easterly line
of Lot 33; thence northerly along the last mentioned lot line 71.90 feet
to  the  intersection  of  the southerly line of Lot 29; thence easterly
along the last mentioned lot line, 106.08 feet to its intersection  with

S. 2605--D                          5                         A. 3005--D

the  said  westerly line of Fulton Ave.; thence southerly along the said
westerly line of Fulton Avenue 80.00 feet  to  the  point  or  place  of
beginning.
                                Parcel II
  All  that  piece  or parcel of land lying and being in the Borough and
County of the Bronx, City and State of New York, and being  all  of  Lot
No. 33, Block 2928, and being more particularly described as follows:
  Beginning  at  the  intersection  of  the  northerly  line of E. 171st
Street, and the westerly line of Lot 30, said point  being  115.32  feet
westerly from the intersection of the northerly line of E. 171st Street,
and  the  westerly line of Fulton Avenue; thence South 88° 21' 50" West,
along the northerly line of E.  171st Street, a distance of  75.86  feet
to  a  point,  said  point  being 175.21 feet distant easterly, measured
along the northerly line of E. 171st Street from the  corner  formed  by
the  intersection  of  the easterly line of 3rd Avenue and the northerly
line of E. 171st Street; thence North 01° 11'  27"  East,  and  parallel
with 3rd Avenue 141.75 feet to a point; thence North 84° 03' 45" East, a
distance  of  50.38  feet to a point; thence South 01° 11' 27" West, and
parallel to 3rd Avenue, 25.19 feet to a point; thence North 84° 03'  45"
East, 25.99 feet to a point; thence South 01° 11' 27" West, and parallel
to 3rd Avenue, 122.30 feet to the point or place of beginning.
  S  3.  Notwithstanding  the foregoing, the authorization to convey the
Fulton Correctional Facility shall be subject to the condition precedent
that such conveyance shall not impair or result in any diminution of the
obligations to holders of any bonds which financed,  refinanced  or  are
secured  by  correctional  facilities  (or payments in respect thereof),
including the Fulton Correctional  Facility,  and  shall  not  adversely
affect any exemption of interest on such bonds from federal income tax.
  S  4. The description in section two of this act is not intended to be
a legal description but  is  intended  to  identify  the  parcel  to  be
conveyed.  As a condition of the purchase, the Thomas Mott Osborne Memo-
rial Fund, Inc. may submit to  the  urban  development  corporation  for
approval,  an  accurate  survey  and  description  of  the  lands  to be
conveyed, which may be used in the conveyance thereof.
  S 5. Any lands transferred pursuant to this act shall be used for  the
purpose  of providing opportunities for individuals in conflict with the
law through reform and rehabilitation programs, alternatives  to  incar-
ceration  and  re-entry,  for  providing services to persons affected by
crime and/or incarceration, and for related  community  activities,  and
upon  termination  of  such use, title to the lands so transferred shall
revert to the state of New York.
  S 6. The board of directors of the urban development corporation shall
not transfer and convey said lands unless application is  made  therefor
by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the
effective date of this act.
  S 7. This act shall take effect immediately.

                                 PART C

  Section 1.  Subdivision 4 of section 1225-c of the vehicle and traffic
law,  as  added by chapter 69 of the laws of 2001, is amended to read as
follows:
  4. A violation of subdivision two of this section shall be  a  traffic
infraction  and  shall  be  punishable  by a fine of not LESS THAN FIFTY
DOLLARS NOR more than one hundred FIFTY dollars  UPON  CONVICTION  OF  A
FIRST  VIOLATION;  UPON  CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH

S. 2605--D                          6                         A. 3005--D

WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION  SHALL
BE  PUNISHED  BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO
HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL
OF  WHICH  WERE  COMMITTED  WITHIN  A  PERIOD  OF  EIGHTEEN MONTHS, SUCH
VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR
MORE THAN FOUR HUNDRED DOLLARS.
  S 2. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
as  amended  by  chapter  109 of the laws of 2011, is amended to read as
follows:
  6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not LESS THAN FIFTY DOLLARS NOR more than one
hundred fifty dollars[.]UPON  CONVICTION  OF  A  FIRST  VIOLATION;  UPON
CONVICTION  OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF
NOT LESS THAN FIFTY DOLLARS NOR MORE  THAN  TWO  HUNDRED  DOLLARS;  UPON
CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMIT-
TED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED
BY  A  FINE  OF  NOT  LESS THAN FIFTY DOLLARS NOR MORE THAN FOUR HUNDRED
DOLLARS.
  S 3. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as amended by section 11 of part II of chapter  59  of  the
laws of 2010, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of  subdivision  (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b  of  this  chapter,  and
except  an  adjudication  in  accordance  with  section  eleven  hundred
eleven-c of this chapter of a violation of a  bus  lane  restriction  as
defined  in  such section, and except an adjudication of liability of an
owner for a violation of toll collection regulations pursuant to section
two thousand nine hundred eighty-five of the public authorities  law  or
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
levied  in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge  of  [twenty]  TWENTY-EIGHT
dollars.
  S 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic  law, as amended by section 11-a of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a

S. 2605--D                          7                         A. 3005--D

violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except  an  adjudication  in  accordance  with  section  eleven
hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
restriction as defined in such section, and except  an  adjudication  of
liability  of  an  owner  for a violation of toll collection regulations
pursuant to section two thousand nine hundred eighty-five of the  public
authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of  nineteen  hundred  fifty,
there  shall  be  levied  in  addition to any sentence, penalty or other
surcharge required or permitted  by  law,  an  additional  surcharge  of
[twenty] TWENTY-EIGHT dollars.
  S 5. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic  law,  as  amended  by section 1 of part EE of chapter 56 of the
laws of 2008, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of toll collection regulations pursuant to  section  two  thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted  by  law,  an
additional surcharge of [twenty] TWENTY-EIGHT dollars.
  S  6. Subdivision 2 of section 1809 of the vehicle and traffic law, as
amended by section 1 of part I of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  2.  Where  a person is convicted of two or more such crimes or traffic
infractions committed through a single act or omission,  or  through  an
act or omission which in itself constituted one of the crimes or traffic
infractions  and  also was a material element of the other, the court or
administrative tribunal shall impose a crime victim assistance fee and a
mandatory surcharge mandated by subdivision one of this section for each
such conviction; provided however, that in  no  event  shall  the  total
amount  of  such  crime  victim assistance fees and mandatory surcharges
imposed pursuant to paragraph (a) or (c)  of  subdivision  one  of  this
section exceed one hundred [eighty] NINETY-SIX dollars.
  S  7.  The  vehicle and traffic law is amended by adding a new section
1809-aa to read as follows:
  S  1809-AA.  MANDATORY  SURCHARGE   REQUIRED   FOR   CERTAIN   PARKING
VIOLATIONS.  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, WHENEVER
PROCEEDINGS  IN  AN  ADMINISTRATIVE  TRIBUNAL  OR  COURT  RESULT  IN   A
CONVICTION FOR A VIOLATION OF SECTION TWELVE HUNDRED, TWELVE HUNDRED ONE
OR TWELVE HUNDRED TWO OF THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY
SURCHARGE  IN  ADDITION TO ANY OTHER SENTENCE, FINE OR PENALTY OTHERWISE
PERMITTED OR REQUIRED, IN THE AMOUNT OF TWENTY-FIVE DOLLARS.
  2. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-

S. 2605--D                          8                         A. 3005--D

NAL THAT RENDERED THE CONVICTION. WITHIN THE FIRST TEN DAYS OF THE MONTH
FOLLOWING COLLECTION OF THE SURCHARGE THE COLLECTING AUTHORITY SHALL PAY
SUCH  MONEY TO THE STATE COMPTROLLER WHO SHALL DEPOSIT SUCH MONEY IN THE
STATE  TREASURY  PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE
FINANCE LAW TO THE CREDIT OF THE GENERAL FUND.
  S 8. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to violations committed on or
after such date, provided however, that:
  (a) the amendments to paragraph a of subdivision 1 of  section  1809-e
of  the  vehicle and traffic law made by section three of this act shall
be subject to the expiration and reversion of such paragraph, when  upon
such date section four of this act shall take effect;
  (b)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four of this act shall be
subject to the expiration and reversion of  such  paragraph,  when  upon
such date section five of this act shall take effect; and
  (c) the amendments to subdivision 2 of section 1809 of the vehicle and
traffic law made by section six of this act shall not affect the expira-
tion of such subdivision and shall be deemed expired therewith.

                                 PART D

  Section  1. The executive law is amended by adding a new article 38 to
read as follows:
                               ARTICLE 38
              NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
SECTION 850. ENACTMENT OF COMPACT.
  S 850. ENACTMENT OF COMPACT. THE NATIONAL CRIME PREVENTION AND PRIVACY
COMPACT IS HEREBY ENACTED INTO LAW  AND  ENTERED  INTO  WITH  ALL  OTHER
JURISDICTIONS  LEGALLY  JOINING  THEREIN  IN  THE  FORM SUBSTANTIALLY AS
FOLLOWS:
  THE CONTRACTING PARTIES AGREE TO THE FOLLOWING:
              NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
ARTICLE I.    DEFINITIONS.
ARTICLE II.   PURPOSES.
ARTICLE III.  RESPONSIBILITIES OF COMPACT PARTIES.
ARTICLE IV.   AUTHORIZED RECORD DISCLOSURES.
ARTICLE V.    RECORD REQUEST PROCEDURES.
ARTICLE VI.   ESTABLISHMENT OF COMPACT COUNCIL.
ARTICLE VII.  RATIFICATION OF COMPACT.
ARTICLE VIII. MISCELLANEOUS PROVISIONS.
ARTICLE IX.   RENUNCIATION.
ARTICLE X.    SEVERABILITY.
ARTICLE XI.   ADJUDICATION OF DISPUTES.

                                OVERVIEW

  (A) IN GENERAL, THIS COMPACT ORGANIZES AN ELECTRONIC INFORMATION SHAR-
ING SYSTEM AMONG THE FEDERAL GOVERNMENT AND THE STATES TO EXCHANGE CRIM-
INAL HISTORY RECORDS FOR  NONCRIMINAL  JUSTICE  PURPOSES  AUTHORIZED  BY
FEDERAL OR STATE LAW, SUCH AS BACKGROUND CHECKS FOR GOVERNMENTAL LICENS-
ING AND EMPLOYMENT.
  (B) UNDER THIS COMPACT, THE FBI AND THE PARTY STATES AGREE TO MAINTAIN
DETAILED DATABASES OF THEIR RESPECTIVE CRIMINAL HISTORY RECORDS, INCLUD-
ING  ARRESTS AND DISPOSITIONS, AND TO MAKE THEM AVAILABLE TO THE FEDERAL
GOVERNMENT AND TO PARTY STATES FOR AUTHORIZED PURPOSES.   THE FBI  SHALL

S. 2605--D                          9                         A. 3005--D

ALSO  MANAGE THE FEDERAL DATA FACILITIES THAT PROVIDE A SIGNIFICANT PART
OF THE INFRASTRUCTURE FOR THE SYSTEM.

                         ARTICLE I--DEFINITIONS

  AS USED IN THIS COMPACT:
  (A)  "ATTORNEY  GENERAL"  MEANS  THE  ATTORNEY  GENERAL  OF THE UNITED
STATES.
  (B) "COMPACT OFFICER" MEANS:
  1. WITH RESPECT TO THE FEDERAL GOVERNMENT, AN OFFICIAL  SO  DESIGNATED
BY THE DIRECTOR OF THE FBI; AND
  2.  WITH  RESPECT  TO  A  PARTY  STATE, THE CHIEF ADMINISTRATOR OF THE
STATE'S CRIMINAL HISTORY RECORD REPOSITORY OR A DESIGNEE  OF  THE  CHIEF
ADMINISTRATOR WHO IS A REGULAR FULL-TIME EMPLOYEE OF THE REPOSITORY.
  (C) "COUNCIL" MEANS THE COMPACT COUNCIL ESTABLISHED UNDER ARTICLE VI.
  (D) "CRIMINAL HISTORY RECORDS":
  1.  MEANS  INFORMATION COLLECTED BY CRIMINAL JUSTICE AGENCIES ON INDI-
VIDUALS  CONSISTING  OF  IDENTIFIABLE  DESCRIPTIONS  AND  NOTATIONS   OF
ARRESTS,  DETENTIONS, INDICTMENTS, OR OTHER FORMAL CRIMINAL CHARGES, AND
ANY DISPOSITION  ARISING  THEREFROM,  INCLUDING  ACQUITTAL,  SENTENCING,
CORRECTIONAL SUPERVISION, OR RELEASE; AND
  2.  DOES  NOT  INCLUDE  IDENTIFICATION INFORMATION SUCH AS FINGERPRINT
RECORDS IF SUCH INFORMATION DOES NOT INDICATE INVOLVEMENT OF  THE  INDI-
VIDUAL WITH THE CRIMINAL JUSTICE SYSTEM.
  (E) "CRIMINAL HISTORY RECORD REPOSITORY" MEANS THE STATE AGENCY DESIG-
NATED  BY  THE  GOVERNOR  OR OTHER APPROPRIATE EXECUTIVE OFFICIAL OR THE
LEGISLATURE OF A STATE TO PERFORM  CENTRALIZED  RECORDKEEPING  FUNCTIONS
FOR CRIMINAL HISTORY RECORDS AND SERVICES IN THE STATE.
  (F)  "CRIMINAL JUSTICE" INCLUDES ACTIVITIES RELATING TO THE DETECTION,
APPREHENSION, DETENTION, PRETRIAL RELEASE,  POST-TRIAL  RELEASE,  PROSE-
CUTION,  ADJUDICATION,  CORRECTIONAL  SUPERVISION,  OR REHABILITATION OF
ACCUSED PERSONS OR CRIMINAL OFFENDERS. THE  ADMINISTRATION  OF  CRIMINAL
JUSTICE  INCLUDES CRIMINAL IDENTIFICATION ACTIVITIES AND THE COLLECTION,
STORAGE, AND DISSEMINATION OF CRIMINAL HISTORY RECORDS.
  (G) "CRIMINAL JUSTICE AGENCY":
  1. MEANS:
  A. COURTS; AND
  B. A GOVERNMENTAL AGENCY OR ANY SUBUNIT THEREOF THAT:
  (I) PERFORMS THE ADMINISTRATION OF  CRIMINAL  JUSTICE  PURSUANT  TO  A
STATUTE OR EXECUTIVE ORDER; AND
  (II) ALLOCATES A SUBSTANTIAL PART OF ITS ANNUAL BUDGET TO THE ADMINIS-
TRATION OF CRIMINAL JUSTICE; AND
  2. INCLUDES FEDERAL AND STATE INSPECTORS GENERAL OFFICES.
  (H)  "CRIMINAL JUSTICE SERVICES" MEANS SERVICES PROVIDED BY THE FBI TO
CRIMINAL JUSTICE AGENCIES IN RESPONSE TO A REQUEST FOR INFORMATION ABOUT
A PARTICULAR INDIVIDUAL  OR  AS  AN  UPDATE  TO  INFORMATION  PREVIOUSLY
PROVIDED FOR CRIMINAL JUSTICE PURPOSES.
  (I)  "CRITERION  OFFENSE"  MEANS ANY FELONY OR MISDEMEANOR OFFENSE NOT
INCLUDED ON THE LIST OF NONSERIOUS OFFENSES  PUBLISHED  PERIODICALLY  BY
THE FBI.
  (J)  "DIRECT ACCESS" MEANS ACCESS TO THE NATIONAL IDENTIFICATION INDEX
BY COMPUTER TERMINAL OR OTHER AUTOMATED MEANS NOT REQUIRING THE  ASSIST-
ANCE OF OR INTERVENTION BY ANY OTHER PARTY OR AGENCY.
  (K)  "EXECUTIVE  ORDER"  MEANS AN ORDER OF THE PRESIDENT OF THE UNITED
STATES OR THE CHIEF EXECUTIVE OFFICER OF A STATE THAT HAS THE  FORCE  OF
LAW AND THAT IS PROMULGATED IN ACCORDANCE WITH APPLICABLE LAW.

S. 2605--D                         10                         A. 3005--D

  (L) "FBI" MEANS THE FEDERAL BUREAU OF INVESTIGATION.
  (M) "INTERSTATE IDENTIFICATION INDEX SYSTEM" OR "III SYSTEM":
  1.  MEANS  THE  COOPERATIVE  FEDERAL-STATE  SYSTEM FOR THE EXCHANGE OF
CRIMINAL HISTORY RECORDS; AND
  2. INCLUDES THE NATIONAL IDENTIFICATION INDEX,  THE  NATIONAL  FINGER-
PRINT FILE AND, TO THE EXTENT OF THEIR PARTICIPATION IN SUCH SYSTEM, THE
CRIMINAL HISTORY RECORD REPOSITORIES OF THE STATES AND THE FBI.
  (N)  "NATIONAL  FINGERPRINT FILE" MEANS A DATABASE OF FINGERPRINTS, OR
OTHER UNIQUELY PERSONAL IDENTIFYING INFORMATION, RELATING TO AN ARRESTED
OR CHARGED INDIVIDUAL MAINTAINED BY THE FBI TO  PROVIDE  POSITIVE  IDEN-
TIFICATION OF RECORD SUBJECTS INDEXED IN THE III SYSTEM.
  (O)  "NATIONAL  IDENTIFICATION INDEX" MEANS AN INDEX MAINTAINED BY THE
FBI CONSISTING OF NAMES,  IDENTIFYING  NUMBERS,  AND  OTHER  DESCRIPTIVE
INFORMATION  RELATING  TO  RECORD SUBJECTS ABOUT WHOM THERE ARE CRIMINAL
HISTORY RECORDS IN THE III SYSTEM.
  (P) "NATIONAL INDICES" MEANS THE NATIONAL IDENTIFICATION INDEX AND THE
NATIONAL FINGERPRINT FILE.
  (Q) "NONPARTY STATE" MEANS A STATE THAT HAS NOT RATIFIED THIS COMPACT.
  (R) "NONCRIMINAL JUSTICE PURPOSES"  MEANS  USES  OF  CRIMINAL  HISTORY
RECORDS  FOR  PURPOSES  AUTHORIZED  BY  FEDERAL  OR STATE LAW OTHER THAN
PURPOSES RELATING TO CRIMINAL JUSTICE ACTIVITIES,  INCLUDING  EMPLOYMENT
SUITABILITY,  LICENSING  DETERMINATIONS,  IMMIGRATION AND NATURALIZATION
MATTERS, AND NATIONAL SECURITY CLEARANCES.
  (S) "PARTY STATE" MEANS A STATE THAT HAS RATIFIED THIS COMPACT.
  (T) "POSITIVE IDENTIFICATION" MEANS  A  DETERMINATION,  BASED  UPON  A
COMPARISON OF FINGERPRINTS OR OTHER EQUALLY RELIABLE BIOMETRIC IDENTIFI-
CATION  TECHNIQUES,  THAT  THE  SUBJECT  OF  A RECORD SEARCH IS THE SAME
PERSON AS THE SUBJECT OF A CRIMINAL HISTORY RECORD OR RECORDS INDEXED IN
THE III SYSTEM.  IDENTIFICATIONS  BASED  SOLELY  UPON  A  COMPARISON  OF
SUBJECTS'  NAMES  OR  OTHER  NONUNIQUE IDENTIFICATION CHARACTERISTICS OR
NUMBERS, OR COMBINATIONS THEREOF, SHALL NOT  CONSTITUTE  POSITIVE  IDEN-
TIFICATION.
  (U) "SEALED RECORD INFORMATION" MEANS:
  1. WITH RESPECT TO ADULTS, THAT PORTION OF A RECORD THAT IS:
  A. NOT AVAILABLE FOR CRIMINAL JUSTICE USES;
  B.  NOT  SUPPORTED BY FINGERPRINTS OR OTHER ACCEPTED MEANS OF POSITIVE
IDENTIFICATION; OR
  C. SUBJECT TO RESTRICTIONS ON DISSEMINATION  FOR  NONCRIMINAL  JUSTICE
PURPOSES  PURSUANT  TO  A COURT ORDER RELATED TO A PARTICULAR SUBJECT OR
PURSUANT TO A FEDERAL OR STATE STATUTE THAT REQUIRES ACTION ON A SEALING
PETITION FILED BY A PARTICULAR RECORD SUBJECT; AND
  2. WITH RESPECT TO JUVENILES, WHATEVER  EACH  STATE  DETERMINES  IS  A
SEALED RECORD UNDER ITS OWN LAW AND PROCEDURE.
  (V)  "STATE"  MEANS  ANY STATE, TERRITORY, OR POSSESSION OF THE UNITED
STATES, THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.

                          ARTICLE II--PURPOSES

  THE PURPOSES OF THIS COMPACT ARE TO:
  (A) PROVIDE A LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF  A  COOPERATIVE
FEDERAL-STATE  SYSTEM  FOR  THE INTERSTATE AND FEDERAL-STATE EXCHANGE OF
CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE USES;
  (B) REQUIRE THE FBI TO PERMIT USE OF THE NATIONAL IDENTIFICATION INDEX
AND THE NATIONAL FINGERPRINT FILE BY EACH PARTY STATE, AND  TO  PROVIDE,
IN  A  TIMELY  FASHION,  FEDERAL  AND  STATE CRIMINAL HISTORY RECORDS TO
REQUESTING STATES, IN ACCORDANCE WITH THE TERMS OF THIS COMPACT AND WITH

S. 2605--D                         11                         A. 3005--D

RULES, PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER  ARTI-
CLE VI;
  (C)  REQUIRE  PARTY  STATES TO PROVIDE INFORMATION AND RECORDS FOR THE
NATIONAL IDENTIFICATION INDEX AND THE NATIONAL FINGERPRINT FILE  AND  TO
PROVIDE  CRIMINAL  HISTORY  RECORDS,  IN  A  TIMELY FASHION, TO CRIMINAL
HISTORY RECORD REPOSITORIES OF OTHER STATES AND THE  FEDERAL  GOVERNMENT
FOR  NONCRIMINAL  JUSTICE PURPOSES, IN ACCORDANCE WITH THE TERMS OF THIS
COMPACT AND WITH RULES, PROCEDURES, AND  STANDARDS  ESTABLISHED  BY  THE
COUNCIL UNDER ARTICLE VI;
  (D)  PROVIDE  FOR THE ESTABLISHMENT OF A COUNCIL TO MONITOR III SYSTEM
OPERATIONS AND TO PRESCRIBE SYSTEM RULES AND PROCEDURES FOR  THE  EFFEC-
TIVE  AND  PROPER  OPERATION  OF  THE III SYSTEM FOR NONCRIMINAL JUSTICE
PURPOSES; AND
  (E) REQUIRE THE FBI AND EACH PARTY STATE TO ADHERE TO III SYSTEM STAN-
DARDS CONCERNING RECORD DISSEMINATION AND USE,  RESPONSE  TIMES,  SYSTEM
SECURITY,  DATA QUALITY, AND OTHER DULY ESTABLISHED STANDARDS, INCLUDING
THOSE THAT ENHANCE THE ACCURACY AND PRIVACY OF SUCH RECORDS.

            ARTICLE III--RESPONSIBILITIES OF COMPACT PARTIES

  (A) THE DIRECTOR OF THE FBI SHALL:
  1. APPOINT AN FBI COMPACT OFFICER WHO SHALL:
  A. ADMINISTER THIS COMPACT WITHIN THE DEPARTMENT OF JUSTICE AND  AMONG
FEDERAL AGENCIES AND OTHER AGENCIES AND ORGANIZATIONS THAT SUBMIT SEARCH
REQUESTS TO THE FBI PURSUANT TO SUBDIVISION (C) OF ARTICLE V;
  B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
PRESCRIBED  BY  THE  COUNCIL  UNDER  ARTICLE VI ARE COMPLIED WITH BY THE
DEPARTMENT OF JUSTICE AND THE FEDERAL AGENCIES AND  OTHER  AGENCIES  AND
ORGANIZATIONS  REFERRED  TO  IN  SUBPARAGRAPH A OF PARAGRAPH ONE OF THIS
SUBDIVISION; AND
  C. REGULATE THE USE OF RECORDS RECEIVED BY MEANS  OF  THE  III  SYSTEM
FROM  PARTY STATES WHEN SUCH RECORDS ARE SUPPLIED BY THE FBI DIRECTLY TO
OTHER FEDERAL AGENCIES;
  2. PROVIDE TO FEDERAL AGENCIES AND TO STATE  CRIMINAL  HISTORY  RECORD
REPOSITORIES,  CRIMINAL  HISTORY  RECORDS MAINTAINED IN ITS DATABASE FOR
THE NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV, INCLUDING:
  A. INFORMATION FROM NONPARTY STATES; AND
  B. INFORMATION FROM PARTY  STATES  THAT  IS  AVAILABLE  FROM  THE  FBI
THROUGH  THE  III  SYSTEM,  BUT  IS  NOT  AVAILABLE FROM THE PARTY STATE
THROUGH THE III SYSTEM;
  C. PROVIDE  A  TELECOMMUNICATIONS  NETWORK  AND  MAINTAIN  CENTRALIZED
FACILITIES  FOR THE EXCHANGE OF CRIMINAL HISTORY RECORDS FOR BOTH CRIMI-
NAL JUSTICE PURPOSES AND THE NONCRIMINAL JUSTICE PURPOSES  DESCRIBED  IN
ARTICLE  IV,  AND  ENSURE THAT THE EXCHANGE OF SUCH RECORDS FOR CRIMINAL
JUSTICE PURPOSES HAS PRIORITY  OVER  EXCHANGE  FOR  NONCRIMINAL  JUSTICE
PURPOSES; AND
  D.  MODIFY  OR ENTER INTO USER AGREEMENTS WITH NONPARTY STATE CRIMINAL
HISTORY RECORD REPOSITORIES TO REQUIRE THEM TO ESTABLISH RECORD  REQUEST
PROCEDURES CONFORMING TO THOSE PRESCRIBED IN ARTICLE V.
  (B) EACH PARTY STATE SHALL:
  1. APPOINT A COMPACT OFFICER WHO SHALL:
  A. ADMINISTER THIS COMPACT WITHIN THAT STATE;
  B. ENSURE THAT COMPACT PROVISIONS AND RULES, PROCEDURES, AND STANDARDS
ESTABLISHED  BY  THE  COUNCIL  UNDER ARTICLE VI ARE COMPLIED WITH IN THE
STATE; AND

S. 2605--D                         12                         A. 3005--D

  C. REGULATE THE IN-STATE USE OF RECORDS RECEIVED BY MEANS OF  THE  III
SYSTEM FROM THE FBI OR FROM OTHER PARTY STATES;
  2.  ESTABLISH AND MAINTAIN A CRIMINAL HISTORY RECORD REPOSITORY, WHICH
SHALL PROVIDE:
  A. INFORMATION AND RECORDS FOR THE NATIONAL IDENTIFICATION  INDEX  AND
THE NATIONAL FINGERPRINT FILE; AND
  B.  THE  STATE'S  III  SYSTEM-INDEXED  CRIMINAL  HISTORY  RECORDS  FOR
NONCRIMINAL JUSTICE PURPOSES DESCRIBED IN ARTICLE IV; AND
  C. PARTICIPATE IN THE NATIONAL FINGERPRINT FILE; AND
  D. PROVIDE AND MAINTAIN TELECOMMUNICATIONS LINKS AND RELATED EQUIPMENT
NECESSARY TO SUPPORT THE SERVICES SET FORTH IN THIS COMPACT.
  (C) COMPLIANCE WITH III SYSTEM  STANDARDS.    IN  CARRYING  OUT  THEIR
RESPONSIBILITIES  UNDER THIS COMPACT, THE FBI AND EACH PARTY STATE SHALL
COMPLY WITH III SYSTEM RULES, PROCEDURES, AND STANDARDS DULY ESTABLISHED
BY THE COUNCIL CONCERNING RECORD DISSEMINATION AND USE, RESPONSE  TIMES,
DATA  QUALITY,  SYSTEM SECURITY, ACCURACY, PRIVACY PROTECTION, AND OTHER
ASPECTS OF III SYSTEM OPERATION.
  (D) 1. USE OF THE III SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES  AUTHOR-
IZED IN THIS COMPACT SHALL BE MANAGED SO AS NOT TO DIMINISH THE LEVEL OF
SERVICES PROVIDED IN SUPPORT OF CRIMINAL JUSTICE PURPOSES.
  2.  ADMINISTRATION OF COMPACT PROVISIONS SHALL NOT REDUCE THE LEVEL OF
SERVICE AVAILABLE TO AUTHORIZED NONCRIMINAL JUSTICE USERS ON THE  EFFEC-
TIVE DATE OF THIS COMPACT.

                ARTICLE IV--AUTHORIZED RECORD DISCLOSURES

  (A) STATE CRIMINAL HISTORY RECORD REPOSITORIES.  TO THE EXTENT AUTHOR-
IZED  BY  SECTION  FIVE  HUNDRED FIFTY-TWO-A OF TITLE FIVE OF THE UNITED
STATES CODE, (COMMONLY KNOWN AS THE "PRIVACY  ACT  OF  1974"),  THE  FBI
SHALL  PROVIDE  ON  REQUEST  CRIMINAL  HISTORY RECORDS (EXCLUDING SEALED
RECORDS) TO STATE CRIMINAL HISTORY RECORD REPOSITORIES  FOR  NONCRIMINAL
JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE, FEDERAL EXECUTIVE ORDER, OR
A  STATE STATUTE THAT HAS BEEN APPROVED BY THE ATTORNEY GENERAL AND THAT
AUTHORIZES NATIONAL INDICES CHECKS.
  (B) THE  FBI,  TO  THE  EXTENT  AUTHORIZED  BY  SECTION  FIVE  HUNDRED
FIFTY-TWO-A  OF TITLE FIVE OF THE UNITED STATES CODE, (COMMONLY KNOWN AS
THE "PRIVACY ACT OF 1974"), AND STATE CRIMINAL HISTORY RECORD  REPOSITO-
RIES  SHALL  PROVIDE CRIMINAL HISTORY RECORDS (EXCLUDING SEALED RECORDS)
TO CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL  OR  NONGOVERNMENTAL
AGENCIES  FOR  NONCRIMINAL  JUSTICE PURPOSES ALLOWED BY FEDERAL STATUTE,
FEDERAL EXECUTIVE ORDER, OR A STATE STATUTE THAT HAS  BEEN  APPROVED  BY
THE ATTORNEY GENERAL, THAT AUTHORIZES NATIONAL INDICES CHECKS.
  (C)  ANY  RECORD  OBTAINED UNDER THIS COMPACT MAY BE USED ONLY FOR THE
OFFICIAL PURPOSES FOR WHICH THE RECORD WAS REQUESTED. EACH COMPACT OFFI-
CER SHALL ESTABLISH PROCEDURES, CONSISTENT WITH THIS COMPACT,  AND  WITH
RULES,  PROCEDURES, AND STANDARDS ESTABLISHED BY THE COUNCIL UNDER ARTI-
CLE VI, WHICH PROCEDURES SHALL PROTECT THE ACCURACY AND PRIVACY  OF  THE
RECORDS, AND SHALL:
  1.  ENSURE  THAT  RECORDS OBTAINED UNDER THIS COMPACT ARE USED ONLY BY
AUTHORIZED OFFICIALS FOR AUTHORIZED PURPOSES;
  2. REQUIRE THAT SUBSEQUENT  RECORD  CHECKS  ARE  REQUESTED  TO  OBTAIN
CURRENT INFORMATION WHENEVER A NEW NEED ARISES; AND
  3.  ENSURE  THAT  RECORD  ENTRIES  THAT  MAY NOT LEGALLY BE USED FOR A
PARTICULAR NONCRIMINAL JUSTICE PURPOSE ARE  DELETED  FROM  THE  RESPONSE
AND,  IF  NO  INFORMATION AUTHORIZED FOR RELEASE REMAINS, AN APPROPRIATE
"NO RECORD" RESPONSE IS COMMUNICATED TO THE REQUESTING OFFICIAL.

S. 2605--D                         13                         A. 3005--D

                  ARTICLE V--RECORD REQUEST PROCEDURES

  (A) SUBJECT FINGERPRINTS OR OTHER APPROVED FORMS OF POSITIVE IDENTIFI-
CATION  SHALL BE SUBMITTED WITH ALL REQUESTS FOR CRIMINAL HISTORY RECORD
CHECKS FOR NONCRIMINAL JUSTICE PURPOSES.
  (B) EACH REQUEST FOR A CRIMINAL HISTORY  RECORD  CHECK  UTILIZING  THE
NATIONAL  INDICES MADE UNDER ANY APPROVED STATE STATUTE SHALL BE SUBMIT-
TED THROUGH THAT STATE'S CRIMINAL HISTORY  RECORD  REPOSITORY.  A  STATE
CRIMINAL  HISTORY  RECORD REPOSITORY SHALL PROCESS AN INTERSTATE REQUEST
FOR NONCRIMINAL JUSTICE PURPOSES THROUGH THE NATIONAL  INDICES  ONLY  IF
SUCH  REQUEST  IS  TRANSMITTED  THROUGH  ANOTHER  STATE CRIMINAL HISTORY
RECORD REPOSITORY OR THE FBI.
  (C) EACH REQUEST FOR CRIMINAL  HISTORY  RECORD  CHECKS  UTILIZING  THE
NATIONAL INDICES MADE UNDER FEDERAL AUTHORITY SHALL BE SUBMITTED THROUGH
THE  FBI OR, IF THE STATE CRIMINAL HISTORY RECORD REPOSITORY CONSENTS TO
PROCESS FINGERPRINT SUBMISSIONS, THROUGH  THE  CRIMINAL  HISTORY  RECORD
REPOSITORY  IN THE STATE IN WHICH SUCH REQUEST ORIGINATED. DIRECT ACCESS
TO THE NATIONAL IDENTIFICATION INDEX BY ENTITIES OTHER THAN THE FBI  AND
STATE  CRIMINAL  HISTORY RECORDS REPOSITORIES SHALL NOT BE PERMITTED FOR
NONCRIMINAL JUSTICE PURPOSES.
  (D) A STATE CRIMINAL HISTORY RECORD REPOSITORY OR THE FBI:
  1. MAY CHARGE A FEE, IN ACCORDANCE WITH APPLICABLE LAW, FOR HANDLING A
REQUEST  INVOLVING  FINGERPRINT  PROCESSING  FOR   NONCRIMINAL   JUSTICE
PURPOSES; AND
  2.  MAY  NOT  CHARGE  A  FEE FOR PROVIDING CRIMINAL HISTORY RECORDS IN
RESPONSE TO AN ELECTRONIC REQUEST FOR A RECORD THAT DOES NOT  INVOLVE  A
REQUEST TO PROCESS FINGERPRINTS.
  (E) 1. IF A STATE CRIMINAL HISTORY RECORD REPOSITORY CANNOT POSITIVELY
IDENTIFY  THE  SUBJECT  OF A RECORD REQUEST MADE FOR NONCRIMINAL JUSTICE
PURPOSES, THE REQUEST, TOGETHER  WITH  FINGERPRINTS  OR  OTHER  APPROVED
IDENTIFYING  INFORMATION,  SHALL BE FORWARDED TO THE FBI FOR A SEARCH OF
THE NATIONAL INDICES.
  2. IF, WITH RESPECT TO A REQUEST FORWARDED BY A STATE CRIMINAL HISTORY
RECORD REPOSITORY UNDER PARAGRAPH ONE OF THIS SUBDIVISION, THE FBI POSI-
TIVELY IDENTIFIES THE SUBJECT AS HAVING A III SYSTEM-INDEXED  RECORD  OR
RECORDS:
  A. THE FBI SHALL SO ADVISE THE STATE CRIMINAL HISTORY RECORD REPOSITO-
RY; AND
  B.  THE  STATE CRIMINAL HISTORY RECORD REPOSITORY SHALL BE ENTITLED TO
OBTAIN THE ADDITIONAL CRIMINAL HISTORY RECORD INFORMATION FROM  THE  FBI
OR OTHER STATE CRIMINAL HISTORY RECORD REPOSITORIES.

              ARTICLE VI--ESTABLISHMENT OF COMPACT COUNCIL

  (A)  1.  IN GENERAL, THERE IS ESTABLISHED A COUNCIL TO BE KNOWN AS THE
"COMPACT COUNCIL", WHICH SHALL HAVE THE AUTHORITY  TO  PROMULGATE  RULES
AND  PROCEDURES  GOVERNING  THE  USE  OF  THE III SYSTEM FOR NONCRIMINAL
JUSTICE PURPOSES, NOT TO CONFLICT WITH FBI  ADMINISTRATION  OF  THE  III
SYSTEM FOR CRIMINAL JUSTICE PURPOSES.
  2. THE COUNCIL SHALL:
  A. CONTINUE IN EXISTENCE AS LONG AS THIS COMPACT REMAINS IN EFFECT;
  B. BE LOCATED, FOR ADMINISTRATIVE PURPOSES, WITHIN THE FBI; AND
  C.  BE  ORGANIZED  AND  HOLD  ITS FIRST MEETING AS SOON AS PRACTICABLE
AFTER THE EFFECTIVE DATE OF THIS COMPACT.
  (B) THE COUNCIL SHALL BE COMPOSED OF FIFTEEN  MEMBERS,  EACH  OF  WHOM
SHALL BE APPOINTED BY THE ATTORNEY GENERAL, AS FOLLOWS:

S. 2605--D                         14                         A. 3005--D

  1.  NINE  MEMBERS, EACH OF WHOM SHALL SERVE A TWO-YEAR TERM, WHO SHALL
BE SELECTED FROM AMONG THE COMPACT OFFICERS OF PARTY STATES BASED ON THE
RECOMMENDATION OF THE COMPACT OFFICERS OF ALL PARTY STATES, EXCEPT THAT,
IN THE ABSENCE OF THE REQUISITE NUMBER OF COMPACT OFFICERS AVAILABLE  TO
SERVE, THE CHIEF ADMINISTRATORS OF THE CRIMINAL HISTORY RECORD REPOSITO-
RIES OF NONPARTY STATES SHALL BE ELIGIBLE TO SERVE ON AN INTERIM BASIS.
  2. TWO AT-LARGE MEMBERS, NOMINATED BY THE DIRECTOR OF THE FBI, EACH OF
WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
  A.  ONE  SHALL BE A REPRESENTATIVE OF THE CRIMINAL JUSTICE AGENCIES OF
THE FEDERAL GOVERNMENT AND MAY NOT BE AN EMPLOYEE OF THE FBI; AND
  B. ONE SHALL BE A REPRESENTATIVE OF THE NONCRIMINAL  JUSTICE  AGENCIES
OF THE FEDERAL GOVERNMENT.
  3.  TWO  AT-LARGE  MEMBERS,  NOMINATED BY THE CHAIRMAN OF THE COUNCIL,
ONCE THE CHAIRMAN IS ELECTED PURSUANT TO SUBDIVISION (C) OF  THIS  ARTI-
CLE, EACH OF WHOM SHALL SERVE A THREE-YEAR TERM, OF WHOM:
  A.  ONE  SHALL  BE A REPRESENTATIVE OF STATE OR LOCAL CRIMINAL JUSTICE
AGENCIES; AND
  B. ONE SHALL BE A REPRESENTATIVE OF STATE OR LOCAL NONCRIMINAL JUSTICE
AGENCIES.
  4. ONE MEMBER, WHO SHALL SERVE A THREE-YEAR TERM, AND WHO SHALL SIMUL-
TANEOUSLY BE A MEMBER OF THE FBI'S ADVISORY  POLICY  BOARD  ON  CRIMINAL
JUSTICE INFORMATION SERVICES, NOMINATED BY THE MEMBERSHIP OF THAT POLICY
BOARD.
  5. ONE MEMBER, NOMINATED BY THE DIRECTOR OF THE FBI, WHO SHALL SERVE A
THREE-YEAR TERM, AND WHO SHALL BE AN EMPLOYEE OF THE FBI.
  (C)  1.  IN  GENERAL,  FROM  ITS MEMBERSHIP, THE COUNCIL SHALL ELECT A
CHAIRMAN AND A VICE CHAIRMAN OF  THE  COUNCIL,  RESPECTIVELY.  BOTH  THE
CHAIRMAN AND VICE CHAIRMAN OF THE COUNCIL:
  A.  SHALL  BE A COMPACT OFFICER, UNLESS THERE IS NO COMPACT OFFICER ON
THE COUNCIL WHO IS WILLING TO SERVE, IN WHICH CASE THE CHAIRMAN  MAY  BE
AN AT-LARGE MEMBER; AND
  B.  SHALL SERVE A TWO-YEAR TERM AND MAY BE REELECTED TO ONLY ONE ADDI-
TIONAL TWO-YEAR TERM.
  2.  THE VICE CHAIRMAN OF THE COUNCIL SHALL SERVE AS  THE  CHAIRMAN  OF
THE COUNCIL IN THE ABSENCE OF THE CHAIRMAN.
  (D)  1.  IN GENERAL, THE COUNCIL SHALL MEET AT LEAST ONCE EACH YEAR AT
THE CALL OF THE CHAIRMAN. EACH MEETING OF THE COUNCIL SHALL BE  OPEN  TO
THE PUBLIC. THE COUNCIL SHALL PROVIDE PRIOR PUBLIC NOTICE IN THE FEDERAL
REGISTER  OF  EACH  MEETING  OF THE COUNCIL, INCLUDING THE MATTERS TO BE
ADDRESSED AT SUCH MEETING.
  2.  A MAJORITY OF THE COUNCIL OR ANY COMMITTEE OF  THE  COUNCIL  SHALL
CONSTITUTE  A  QUORUM OF THE COUNCIL OR OF SUCH COMMITTEE, RESPECTIVELY,
FOR THE CONDUCT OF BUSINESS. A LESSER NUMBER MAY MEET TO HOLD  HEARINGS,
TAKE TESTIMONY, OR CONDUCT ANY BUSINESS NOT REQUIRING A VOTE.
  (E) THE COUNCIL SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING
AT  THE  COUNCIL OFFICE WITHIN THE FBI, AND SHALL PUBLISH IN THE FEDERAL
REGISTER, ANY RULES, PROCEDURES, OR STANDARDS ESTABLISHED BY  THE  COUN-
CIL.
  (F)  THE  COUNCIL  MAY  REQUEST  FROM  THE  FBI SUCH REPORTS, STUDIES,
STATISTICS, OR OTHER INFORMATION OR MATERIALS AS THE COUNCIL  DETERMINES
TO  BE  NECESSARY TO ENABLE THE COUNCIL TO PERFORM ITS DUTIES UNDER THIS
COMPACT. THE FBI, TO THE EXTENT AUTHORIZED  BY  LAW,  MAY  PROVIDE  SUCH
ASSISTANCE OR INFORMATION UPON SUCH A REQUEST.
  (G)  THE  CHAIRMAN  MAY ESTABLISH COMMITTEES AS NECESSARY TO CARRY OUT
THIS COMPACT AND MAY PRESCRIBE THEIR MEMBERSHIP,  RESPONSIBILITIES,  AND
DURATION.

S. 2605--D                         15                         A. 3005--D

                  ARTICLE VII--RATIFICATION OF COMPACT

  THIS  COMPACT SHALL TAKE EFFECT UPON BEING ENTERED INTO BY TWO OR MORE
STATES AS BETWEEN THOSE STATES AND THE FEDERAL GOVERNMENT.  UPON  SUBSE-
QUENT  ENTERING  INTO THIS COMPACT BY ADDITIONAL STATES, IT SHALL BECOME
EFFECTIVE AMONG THOSE STATES AND THE FEDERAL GOVERNMENT AND  EACH  PARTY
STATE THAT HAS PREVIOUSLY RATIFIED IT. WHEN RATIFIED, THIS COMPACT SHALL
HAVE  THE  FULL  FORCE  AND EFFECT OF LAW WITHIN THE RATIFYING JURISDIC-
TIONS. THE FORM OF RATIFICATION SHALL BE IN ACCORDANCE WITH THE LAWS  OF
THE EXECUTING STATE.

                 ARTICLE VIII--MISCELLANEOUS PROVISIONS

  (A)  ADMINISTRATION  OF  THIS  COMPACT  SHALL  NOT  INTERFERE WITH THE
MANAGEMENT AND CONTROL OF  THE  DIRECTOR  OF  THE  FBI  OVER  THE  FBI'S
COLLECTION  AND  DISSEMINATION OF CRIMINAL HISTORY RECORDS AND THE ADVI-
SORY FUNCTION OF THE FBI'S ADVISORY POLICY  BOARD  CHARTERED  UNDER  THE
FEDERAL  ADVISORY  COMMITTEE  ACT (5 U.S.C. APP.) FOR ALL PURPOSES OTHER
THAN NONCRIMINAL JUSTICE.
  (B) NOTHING IN THIS COMPACT SHALL  REQUIRE  THE  FBI  TO  OBLIGATE  OR
EXPEND FUNDS BEYOND THOSE APPROPRIATED TO THE FBI.
  (C)  NOTHING IN THIS COMPACT SHALL DIMINISH OR LESSEN THE OBLIGATIONS,
RESPONSIBILITIES, AND AUTHORITIES OF ANY STATE, WHETHER A PARTY STATE OR
A NONPARTY STATE, OR OF ANY CRIMINAL HISTORY RECORD REPOSITORY OR  OTHER
SUBDIVISION  OR  COMPONENT  THEREOF,  UNDER  THE  DEPARTMENTS  OF STATE,
JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION
ACT, 1973 (PUBLIC LAW 92-544), OR REGULATIONS AND GUIDELINES PROMULGATED
THEREUNDER, INCLUDING THE RULES AND PROCEDURES PROMULGATED BY THE  COUN-
CIL  UNDER  SUBDIVISION (A) OF ARTICLE VI, REGARDING THE USE AND DISSEM-
INATION OF CRIMINAL HISTORY RECORDS AND INFORMATION.

                        ARTICLE IX--RENUNCIATION

  (A) IN GENERAL,  THIS  COMPACT  SHALL  BIND  EACH  PARTY  STATE  UNTIL
RENOUNCED BY THE PARTY STATE.
  (B) ANY RENUNCIATION OF THIS COMPACT BY A PARTY STATE SHALL:
  1.  BE  EFFECTED  IN THE SAME MANNER BY WHICH THE PARTY STATE RATIFIED
THIS COMPACT; AND
  2. BECOME EFFECTIVE ONE HUNDRED EIGHTY DAYS AFTER  WRITTEN  NOTICE  OF
RENUNCIATION  IS  PROVIDED  BY THE PARTY STATE TO EACH OTHER PARTY STATE
AND TO THE FEDERAL GOVERNMENT.

                         ARTICLE X--SEVERABILITY

  THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY  PHRASE,
CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRA-
RY  TO  THE CONSTITUTION OF ANY PARTICIPATING STATE, OR TO THE CONSTITU-
TION OF THE UNITED STATES, OR THE APPLICABILITY THEREOF TO  ANY  GOVERN-
MENT,  AGENCY,  PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF
THE REMAINDER OF THIS COMPACT  AND  THE  APPLICABILITY  THEREOF  TO  ANY
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THERE-
BY. IF A PORTION OF THIS COMPACT IS HELD CONTRARY TO THE CONSTITUTION OF
ANY PARTY STATE, ALL OTHER PORTIONS OF THIS COMPACT SHALL REMAIN IN FULL
FORCE  AND EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND
EFFECT AS TO THE PARTY STATE AFFECTED, AS TO ALL OTHER PROVISIONS.

S. 2605--D                         16                         A. 3005--D

                  ARTICLE XI--ADJUDICATION OF DISPUTES

  (A) THE COUNCIL SHALL:
  1.  HAVE  INITIAL AUTHORITY TO MAKE DETERMINATIONS WITH RESPECT TO ANY
DISPUTE REGARDING:
  A. INTERPRETATION OF THIS COMPACT;
  B. ANY RULE OR STANDARD ESTABLISHED BY THE COUNCIL PURSUANT TO ARTICLE
VI; AND
  C. ANY DISPUTE OR CONTROVERSY BETWEEN ANY PARTIES TO THIS COMPACT; AND
  2. HOLD A HEARING CONCERNING ANY DISPUTE DESCRIBED IN PARAGRAPH ONE OF
THIS SUBDIVISION AT A REGULARLY SCHEDULED MEETING  OF  THE  COUNCIL  AND
ONLY  RENDER A DECISION BASED UPON A MAJORITY VOTE OF THE MEMBERS OF THE
COUNCIL.  SUCH DECISION SHALL BE PUBLISHED PURSUANT TO THE  REQUIREMENTS
OF SUBDIVISION (E) OF ARTICLE VI.
  (B)  THE FBI SHALL EXERCISE IMMEDIATE AND NECESSARY ACTION TO PRESERVE
THE INTEGRITY OF THE III SYSTEM, MAINTAIN SYSTEM POLICY  AND  STANDARDS,
PROTECT  THE  ACCURACY  AND  PRIVACY  OF RECORDS, AND TO PREVENT ABUSES,
UNTIL THE COUNCIL HOLDS A HEARING ON SUCH MATTERS.
  (C) THE FBI OR A PARTY STATE MAY APPEAL ANY DECISION OF THE COUNCIL TO
THE ATTORNEY GENERAL, AND THEREAFTER MAY FILE SUIT  IN  THE  APPROPRIATE
DISTRICT COURT OF THE UNITED STATES, WHICH SHALL HAVE ORIGINAL JURISDIC-
TION OF ALL CASES OR CONTROVERSIES ARISING UNDER THIS COMPACT.  ANY SUIT
ARISING  UNDER  THIS  COMPACT  AND  INITIATED  IN A STATE COURT SHALL BE
REMOVED TO THE APPROPRIATE DISTRICT COURT OF THE UNITED  STATES  IN  THE
MANNER   PROVIDED   BY  SECTION  FOURTEEN  HUNDRED  FORTY-SIX  OF  TITLE
TWENTY-EIGHT OF THE UNITED STATES CODE, OR OTHER STATUTORY AUTHORITY.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
correction  law  relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 57 of the  laws  of  2011,  is
amended to read as follows:
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2013] 2015.
  S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive  law  and  the  criminal  procedure  law  relating to expanding the
geographic area of employment of certain police officers, as amended  by
section  2  of  part  A of chapter 57 of the laws of 2011, is amended to
read as follows:
  S 3. This act shall take effect on the  first  day  of  November  next
succeeding  the  date  on  which  it  shall have become a law, and shall
remain in effect until the first day of September, [2013] 2015, when  it
shall expire and be deemed repealed.
  S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain  cases  and  the  crime  of  absconding therefrom, as amended by
section 3 of part A of chapter 57 of the laws of  2011,  is  amended  to
read as follows:
  S  3.  This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2013] 2015.
  S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other  chapters and laws relating to correctional facilities, as amended

S. 2605--D                         17                         A. 3005--D

by section 4 of part A of chapter 57 of the laws of 2011, is amended  to
read as follows:
  S 20. This act shall take effect immediately except that section thir-
teen  of  this  act shall expire and be of no further force or effect on
and after September 1, [2013]  2015  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee,  the  senate  codes  committee,  the  assembly
correction committee, and the assembly codes committee, the standards in
effect  for  earned  eligibility  during the prior six-month period, the
number of inmates subject to the provisions of earned  eligibility,  the
number  who  actually received certificates of earned eligibility during
that period of time, the number of inmates  with  certificates  who  are
granted  parole  upon  their  first consideration for parole, the number
with certificates who are denied parole upon their first  consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
  S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 57 of the laws
of 2011, is amended to read as follows:
  (q) the provisions of section two  hundred  eighty-four  of  this  act
shall  remain in effect until September 1, [2013] 2015 and be applicable
to all persons entering the program on or before August 31, [2013] 2015.
  S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating  to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter  57  of
the laws of 2011, is amended to read as follows:
  S  10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect  until  September  1,  [2013]  2015,  and
provided  further  that  the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes  commit-
tee,  the  assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under  the  custody
and  control  of  the commissioner who have applied for participation in
any program offered under the provisions of work release,  furlough,  or
leave, and the number of such inmates who have been approved for partic-
ipation.
  S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of  certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations  budget,  as  amended by section 7 of part A of chapter 57 of
the laws of 2011, is amended to read as follows:
  (c) sections forty-one and forty-two of this act shall expire  Septem-
ber  1,  [2013] 2015; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program  on
or after such effective date; and
  S  8.    Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 9 of part A of chapter  57  of  the  laws  of
2011, is amended to read as follows:
  h.  Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the

S. 2605--D                         18                         A. 3005--D

provisions of section 189 of the correction law, as amended  by  section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as  amended by section fifty-six of this act, and section fifty-seven of
this  act shall expire September 1, [2013] 2015, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-
five  and  fifty-six  of  this act shall revert to and be read as if the
provisions of this act had not been  enacted;  provided,  however,  that
sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
deemed to have been in full force and effect on and after March 1,  1995
and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
provisions of subsection (e) of section 9110 of the  insurance  law  and
subdivision  2  of section 89-d of the state finance law shall revert to
and be read as set out in law on  the  date  immediately  preceding  the
effective date of sections sixty-two and sixty-three of this act;
  S  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
62 of the laws of 2011 amending the correction  law  and  the  executive
law,  relating  to  merging  the department of correctional services and
division of parole into the  department  of  corrections  and  community
supervision, is amended to read as follows:
  (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
correction law as added by section thirty-two of this act  shall  remain
in  effect  until  September 1, [2013] 2015, when it shall expire and be
deemed repealed;
  S 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 11 of part A of chapter 57 of
the laws of 2011, is amended to read as follows:
  (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
hundred  eighty-three  and  three  hundred eighty-four of this act shall
expire on September 1, [2013] 2015;
  S 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
correction  law,  the New York city criminal court act and the executive
law relating to prison and jail housing and  alternatives  to  detention
and  incarceration programs, as amended by section 12 of part A of chap-
ter 57 of the laws of 2011, is amended to read as follows:
  S 12.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of sections one through ten of this act shall remain in full
force and effect until September 1, [2013]  2015  on  which  date  those
provisions shall be deemed to be repealed.
  S  12.    Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as  amended
by section 13 of part A of chapter 57 of the laws of 2011, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three  hundred  forty-one  of
this act shall take effect immediately and shall expire November 1, 1993
at  which  time  it  shall  be  deemed  repealed; sections three hundred
forty-five and three hundred forty-six of this  act  shall  take  effect
July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this  act
shall  take  effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and  shall
expire  June 30, 1998 and shall revert to and be read as if this act had

S. 2605--D                         19                         A. 3005--D

not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed  on  or  after  such
effective  date; sections three hundred sixty-nine, three hundred seven-
ty-two,  three  hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six  of  this  act  shall
remain  in  effect  until  September  1, [2013] 2015, at which time they
shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
surcharge  provided  in  section  three hundred seventy-four of this act
shall apply to parking violations occurring on or after  said  effective
date;  and  provided  further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic  law
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  and  the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2013] 2015 and upon such date the provisions  of  such  subdivisions
and  sections  shall  revert to and be read as if the provisions of this
act had not been enacted; the amendments to  subdivisions  2  and  3  of
section  400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire  on  July
1,  1992  and  upon  such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had  not  been
enacted;  the  state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall  pay  the  increased
examination fee provided for by the amendment made to section 465 of the
judiciary  law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of  this  act;  the  provisions  of
section  306-a  of  the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions  pending
on  or  commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made  prior  to
such  date  shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this  act  shall
apply  to  all  money  deposited  in  connection  with  a cash bail or a
partially secured bail bond on or after such  effective  date;  and  the
provisions  of  sections  three  hundred  eighty-four  and three hundred
eighty-five of this act shall  apply  only  to  jury  service  commenced
during  a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application,  qualification,  expiration  or  repeal  of  any
provision  of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed  repealed  in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
  S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended  by  section  14 of part A of chapter 57 of the laws of 2011, is
amended to read as follows:
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [thirteen] FIFTEEN.
  S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock  device  program,

S. 2605--D                         20                         A. 3005--D

as amended by section 15 of part A of chapter 57 of the laws of 2011, is
amended to read as follows:
  S  6.  This  act  shall  take  effect  on  the first day of April next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the  fore-
going  sections  of  this  act on their effective date is authorized and
directed to be made and completed on or before such effective  date  and
shall  remain in full force and effect until the first day of September,
[2013] 2015 when upon such date the provisions  of  this  act  shall  be
deemed repealed.
  S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous  provisions, as amended by section 16 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
  a. sections forty-three through forty-five of this  act  shall  expire
and be deemed repealed on September 1, [2013] 2015;
  S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner  litigation reform, as amended by section 17 of part A of chap-
ter 57 of the laws of 2011, is amended to read as follows:
  S 4. This act shall take effect 120 days after it shall have become  a
law  and shall remain in full force and effect until September 1, [2013]
2015, when upon such date it shall expire.
  S 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
constituting  the  family  protection and domestic violence intervention
act of 1994, as amended by section 18 of part A of  chapter  57  of  the
laws of 2011, is amended to read as follows:
  2.  Subdivision  4  of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall  take  effect  January  1,
1996  and  shall  expire  and  be deemed repealed on September 1, [2013]
2015.
  S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television  and
other  protective  measures  for  certain child witnesses, as amended by
section 19 of part A of chapter 57 of the laws of 2011,  is  amended  to
read as follows:
  S  5.  This  act  shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the  effective  date
of  this  act  but  still  pending  on such date as well as all criminal
actions and proceedings commenced on or after such  effective  date  and
its provisions shall expire on  September 1, [2013] 2015, when upon such
date the provisions of this act shall be deemed repealed.
  S  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 20  of
part A of chapter 57 of the laws of 2011, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this  act  shall
be deemed repealed on September 1, [2013] 2015;
  S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal  procedure  law  relating  to electronic court appearance in certain
counties, as amended by section 21 of part A of chapter 57 of  the  laws
of 2011, is amended to read as follows:
  S  2.  This  act  shall  take  effect  immediately,  except  that  the
provisions of this act shall be deemed to have been in  full  force  and
effect  since  July  1, 1992 and the provisions of this act shall expire

S. 2605--D                         21                         A. 3005--D

September 1, [2013] 2015 when upon such date the provisions of this  act
shall be deemed repealed.
  S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision,  as  amended  by  section 22 of part A of chapter 57 of the
laws of 2011, is amended to read as follows:
  S 3. This act shall take effect immediately, except that  section  one
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2013] 2015,  upon  which  date  this  act
shall  be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to  any
compacting  state  which  has  enacted  an  interstate  compact entitled
"Interstate compact for adult offender supervision" and having an  iden-
tical  effect  to  that  added  by  section one of this act and provided
further that with respect to any such compacting state, upon the  effec-
tive date of section one of this act, section 259-m of the executive law
is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
added by section one of  this  act,  shall  take  effect;  and  provided
further  that  with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact  for  adult  offender  super-
vision"  and  having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect  and  the
provisions  of  section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall  adopt
an  interstate  compact  entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state,  effective  imme-
diately,  section  259-m  of  the  executive  law is deemed repealed and
section 259-mm of the executive law, as added by  section  one  of  this
act, shall take effect.
  S  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of  certain  correc-
tional  facilities,  providing  for  the  custody  by  the department of
correctional services of inmates serving definite  sentences,  providing
for  custody  of  federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 23 of part A  of  chapter
57 of the laws of 2011, is amended to read as follows:
  S  8.  This  act shall take effect immediately; provided, however that
sections five and six of this act shall expire and  be  deemed  repealed
September 1, [2013] 2015.
  S  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 25 of part A of chapter 57 of the laws  of  2011,  is
amended to read as follows:
  S  3.  This act shall take effect on the same date as the reversion of
subdivision 5 of section 183 and subdivision 1 of  section  221  of  the
military  law  as  provided  by section 76 of chapter 435 of the laws of
1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
standing this act shall be deemed to have been in full force and  effect
on  and  after  July  31, 2005 and shall remain in full force and effect
until September 1, [2013] 2015  when  upon  such  date  this  act  shall
expire.
  S  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
correction law and the penal law relating  to  providing  for  community
treatment  facilities  and establishing the crime of absconding from the

S. 2605--D                         22                         A. 3005--D

community treatment facility, as amended by section 8 of part A of chap-
ter 57 of the laws of 2011, is amended to read as follows:
  S  5.  This act shall take effect immediately and shall remain in full
force and effect until September 1, [2013] 2015,  and  provided  further
that the commissioner of correctional services shall report each January
first  and July first during such time as this legislation is in effect,
to the chairmen of  the  senate  crime  victims,  crime  and  correction
committee,  the  senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at  each  facility  who
are  not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
  S 25. This act shall take effect immediately.

                                 PART F

  Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
relating  to  the  disposition  of  monies  recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of  part  F of chapter 55 of the laws of 2012, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall remain  in  full
force  and  effect until March 31, [2013] 2014, when it shall expire and
be deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2013.

                                 PART G
                          Intentionally omitted

                                 PART H
                          Intentionally Omitted

                                 PART I

  Section  1.  The  state finance law is amended by adding a new section
99-u to read as follows:
  S 99-U. NEW YORK STATE GAMING COMMISSION ACCOUNT. 1. THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT CUSTODY OF THE COMPTROLLER AND THE EXECUTIVE
DIRECTOR OF THE NEW YORK STATE  GAMING  COMMISSION  AN  ACCOUNT  IN  THE
MISCELLANEOUS  SPECIAL  REVENUE  FUND TO BE KNOWN AS THE "NEW YORK STATE
GAMING COMMISSION ACCOUNT".
  2. SUCH ACCOUNT SHALL CONSIST OF MONEYS TRANSFERRED THERETO  FROM  THE
STATE  LOTTERY  FUND  ADMINISTRATION  ACCOUNT,  THE REGULATION OF RACING
ACCOUNT, THE BELL JAR COLLECTION ACCOUNT OR  THE  REGULATION  OF  INDIAN
GAMING ACCOUNT.
  3. IN NO CIRCUMSTANCE SHALL NET PROCEEDS OF THE LOTTERY, INCLUDING THE
PROCEEDS  FROM VIDEO LOTTERY GAMING, BE USED FOR THE PAYMENT OF NON-LOT-
TERY EXPENSES OF THE  NEW  YORK  GAMING  COMMISSION,  ADMINISTRATIVE  OR
OTHERWISE.
  4. ALL MONEYS IN THE NEW YORK STATE GAMING COMMISSION ACCOUNT SHALL BE
AVAILABLE,  SUBJECT  TO APPROPRIATION, FOR THE PAYMENT OF ADMINISTRATIVE
EXPENSES OF THE NEW YORK STATE GAMING COMMISSION.

S. 2605--D                         23                         A. 3005--D

  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after February 1, 2013.

                                 PART J

  Section  1. Paragraphs 2 and 3 of subdivision b of section 1612 of the
tax law, as amended by section 1 of part O1 of chapter 57 of the laws of
2009, are amended to read as follows:
  2. As consideration for the operation of a video lottery gaming facil-
ity, the division, shall cause the investment in the racing industry  of
a  portion  of the vendor fee received pursuant to paragraph one of this
subdivision in the manner set forth  in  this  subdivision.    With  the
exception  of  Aqueduct  racetrack,  each  such  track  shall dedicate a
portion of its vendor fees, received pursuant to clause (A),  (B),  (C),
(D),  (E),  (F),  or  (G)  of subparagraph (ii) of paragraph one of this
subdivision, solely for the purpose of enhancing purses at  such  track,
in  an  amount  equal  to  eight and three-quarters percent of the total
revenue wagered at the vendor track after  pay  out  for  prizes.    ONE
PERCENT  OF  SUCH  PURSE  ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING
COMMISSION TO BE USED EXCLUSIVELY TO PROMOTE AND  ENSURE  EQUINE  HEALTH
AND  SAFETY  IN  NEW  YORK.  ANY  PORTION  OF SUCH FUNDING TO THE GAMING
COMMISSION UNUSED DURING A FISCAL YEAR SHALL BE RETURNED  TO  THE  VIDEO
LOTTERY  GAMING  OPERATORS  ON  A  PRO RATA BASIS IN ACCORDANCE WITH THE
AMOUNTS ORIGINALLY CONTRIBUTED BY EACH OPERATOR AND SHALL  BE  USED  FOR
THE  PURPOSE  OF  ENHANCING  PURSES AT SUCH TRACK. In addition, with the
exception of Aqueduct racetrack, one and one-quarter  percent  of  total
revenue  wagered  at the vendor track after pay out for prizes, received
pursuant to clause (A), (B), (C), (D), (E), (F), or (G) of  subparagraph
(ii)  of  paragraph one of this subdivision, shall be distributed to the
appropriate breeding fund for the manner of  racing  conducted  by  such
track.
  Provided,  further,  that nothing in this paragraph shall prevent each
track from entering into an agreement, not to exceed  five  years,  with
the  organization  authorized  to  represent its horsemen to increase or
decrease the portion of its vendor fee dedicated to enhancing purses  at
such  track  during the years of participation by such track, or to race
fewer dates than required herein.
  3. Nothing in paragraph two  of  this  subdivision  shall  affect  any
agreement  in  effect on or before the effective date of this paragraph,
EXCEPT THAT THE OBLIGATION TO PAY FUNDS  TO  THE  GAMING  COMMISSION  TO
PROMOTE  AND  ENSURE  EQUINE  HEALTH  AND  SAFETY  SHALL  SUPERSEDE  ANY
PROVISION TO THE CONTRARY IN ANY SUCH AGREEMENT.
  S 2. Paragraph 1 of subdivision f of section 1612 of the tax  law,  as
amended  by  chapter  140  of  the  laws  of 2008, is amended to read as
follows:
  1. Six and one-half percent of  the  total  wagered  after  payout  of
prizes  for the first year of operation of video lottery gaming at Aque-
duct racetrack, seven percent of  the  total  wagered  after  payout  of
prizes  for the second year of operation, and seven and one-half percent
of the total wagered after payout of prizes for the third year of opera-
tion and thereafter, for the purpose of  enhancing  purses  at  Aqueduct
racetrack, Belmont Park racetrack and Saratoga race course.  ONE PERCENT
OF  SUCH PURSE ENHANCEMENT AMOUNT SHALL BE PAID TO THE GAMING COMMISSION
TO BE USED EXCLUSIVELY TO PROMOTE AND ENSURE EQUINE HEALTH AND SAFETY IN
NEW YORK. ANY PORTION OF SUCH FUNDING TO THE  GAMING  COMMISSION  UNUSED
DURING A FISCAL YEAR SHALL BE RETURNED ON A PRO RATA BASIS IN ACCORDANCE

S. 2605--D                         24                         A. 3005--D

WITH  THE  AMOUNTS  ORIGINALLY  CONTRIBUTED  AND  SHALL  BE USED FOR THE
PURPOSE OF ENHANCING PURSES AT SUCH TRACKS.
  S 3. The legislature hereby establishes a New York task force on jock-
ey  health  and  safety.  The  task  force shall assess, investigate and
research issues involving safety and health  of  jockeys  who  regularly
race  at  the  thoroughbred racetracks in New York state. The task force
shall consist of seven individuals to be appointed by the governor,  one
of whom shall be appointed on the recommendation of the temporary presi-
dent  of the senate, and one of whom shall be appointed on the recommen-
dation of the speaker of the assembly, who shall be named no later  than
forty-five  days  after this act shall take effect, at least one of whom
shall be a jockey or former jockey. The task force shall issue a  report
containing  its  findings and recommendations concerning jockey benefits
including health, life, disability, pension, or other  similar  benefits
and  how  such  needs  can best be provided through the resources of the
racing industry.  The report shall be provided to the  governor,  tempo-
rary  president  of the senate, speaker of the assembly, minority leader
of the senate and minority leader of the  assembly  within  ninety  days
after the majority of its members are appointed.
  The  task  force  may  request  and  shall  receive from any division,
department, board, bureau, commission, office, agency, or other  instru-
mentality  of  the  state,  or  any  political subdivision thereof, such
assistance and data as it deems necessary and desirable for  the  proper
execution  of its powers and duties. The members of the task force shall
receive no compensation for their services, but shall be  allowed  their
actual  and  necessary  expenses  incurred  in  the performance of their
duties which shall be paid by  the  franchised  corporation  established
pursuant to article two of the racing, pari-mutuel wagering and breeding
law,  and  the  franchised  corporation shall make available $25,000 for
other costs associated with the report, including data collection, anal-
ysis, and expert review.
  S 4. This act shall take effect immediately.

                                 PART K

  Section 1. Subparagraphs (iii) and (vii) of paragraph q of subdivision
10 of section 54 of the state finance law, as added by section 3 of part
K of chapter 57 of the laws of 2011, are amended to read as follows:
  (iii) Study projects shall include an  examination  of  the  potential
financial savings, management improvements, and service delivery changes
resulting  from  a  local  government  re-organization, LEGAL ISSUES AND
IMPEDIMENTS  SURROUNDING  THE  RE-ORGANIZATION,  RECOMMENDED  STEPS   TO
COMPLETE THE RE-ORGANIZATION, as well as options for cost-savings if the
re-organization is not completed.
  (vii)  Matching  funds  equal  to  [ten] AT LEAST FIFTY percent of the
total cost of activities under the  grant  work  plan  approved  by  the
department  of state shall be required FOR A LOCAL GOVERNMENT RE-ORGANI-
ZATION GRANT FOR A RE-ORGANIZATION STUDY, EXCEPT FOR  SUCH  GRANTS  THAT
ARE AWARDED TO A LOCAL GOVERNMENT ENTITY ELIGIBLE FOR AN EXPEDITED GRANT
PURSUANT  TO SUBPARAGRAPH (V) OF THIS PARAGRAPH.  UPON IMPLEMENTATION OF
THE LOCAL GOVERNMENT RE-ORGANIZATION, THE LOCAL MATCHING FUNDS  REQUIRED
BY  SUCH  GRANT FOR A RE-ORGANIZATION STUDY SHALL BE REFUNDED EXCEPT FOR
TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE  GRANT  WORK  PLAN
APPROVED  BY  THE  DEPARTMENT OF STATE. MATCHING FUNDS EQUAL TO AT LEAST
TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE  GRANT  WORK  PLAN
APPROVED  BY  THE  DEPARTMENT  OF  STATE  SHALL  BE REQUIRED FOR A LOCAL

S. 2605--D                         25                         A. 3005--D

GOVERNMENT RE-ORGANIZATION GRANT FOR A RE-ORGANIZATION STUDY AWARDED  TO
A  LOCAL  GOVERNMENT  ENTITY ELIGIBLE FOR AN EXPEDITED GRANT PURSUANT TO
SUBPARAGRAPH (V) OF THIS PARAGRAPH AND FOR A LOCAL GOVERNMENT RE-ORGANI-
ZATION GRANT FOR THE IMPLEMENTATION OF A RE-ORGANIZATION.
  S  1-a.  Paragraph  q  of  subdivision  10  of section 54 of the state
finance law is amended by adding two new subparagraphs (viii)  and  (ix)
to read as follows:
  (VIII)  WITHIN  ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE  APPLICANT  HAS
FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
OF  THE  APPLICATION  CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION,  OR  DETER-
MINING  AN  APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
CONTAIN INFORMATION, THE  DEPARTMENT  SHALL  SO  NOTIFY  THE  APPLICANT.
APPLICANTS  SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
IF IT IS AMENDED BY  THE  APPLICATION  DEADLINE.  IF  AN  APPLICANT  HAS
SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
APPLICATION  TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
FOR CONSIDERATION. UNDER NO CIRCUMSTANCES  SHALL  THIS  SUBPARAGRAPH  BE
DEEMED  TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE  DEPARTMENT  TO  CONDUCT  A
SUBSTANTIVE  REVIEW  OF  THE  CONTENTS OF ANY APPLICATION OUTSIDE OF THE
PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
  (IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT  OF  A  DECISION
REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
THIRTY DAYS AFTER SUCH DECISION.
  S 2.   The opening paragraph of  paragraph  r  of  subdivision  10  of
section  54 of the state finance law, as added by section 3 of part K of
chapter 57 of the laws of 2011, is amended to read as follows:
  Local government efficiency  grant  program  beginning  in  the  state
fiscal  year commencing April first, two thousand eleven  AND CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TWELVE.
  S 3. Paragraphs s and t of subdivision 10 of section 54 of  the  state
finance law, paragraph t as relettered by section 3 of part K of chapter
57  of  the  laws  of  2011, are relettered paragraphs t and u and a new
paragraph s is added to read as follows:
  S. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING  IN  THE  STATE
FISCAL  YEAR  COMMENCING APRIL FIRST, TWO THOUSAND THIRTEEN. (I) (1) FOR
THE PURPOSES OF THIS PARAGRAPH,  "MUNICIPALITY"  SHALL  MEAN  A  COUNTY,
CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
LIBRARY,  ASSOCIATION  LIBRARY,  OR  PUBLIC LIBRARY SYSTEM AS DEFINED BY
SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW, PROVIDED  HOWEVER,
THAT  FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS  MEMBER  LIBRARIES,
WATER  AUTHORITY,  SEWER  AUTHORITY,  REGIONAL  PLANNING AND DEVELOPMENT
BOARD, SCHOOL DISTRICT, OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES;
PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
IN INSTANCES  WHERE  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
ADVANCES  A  JOINT  APPLICATION  ON BEHALF OF SCHOOL DISTRICTS AND OTHER
MUNICIPALITIES WITHIN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
REGION;  PROVIDED,  HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-

S. 2605--D                         26                         A. 3005--D

ATIVE EDUCATIONAL SERVICES: SHALL NOT  GENERATE  ADDITIONAL  STATE  AID;
SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
TIVE  BUDGETS  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
PURPOSES  OF  COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT
TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF  SUBDIVISION
FOUR  OF  SECTION  NINETEEN HUNDRED FIFTY AND SUBDIVISION ONE OF SECTION
NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED  TO
BE  A  COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF
PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
EDUCATION LAW.
  (2) FOR THE PURPOSES OF  THIS  PARAGRAPH,  "FUNCTIONAL  CONSOLIDATION"
SHALL  MEAN  ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS  TO  MUNICIPALITIES  TO  COVER  COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED  TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A  CITY  OR  COUNTY  CHARTER
REVISION  THAT  INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW  OPPORTU-
NITIES  FOR  FINANCIAL  SAVINGS  AND OPERATIONAL EFFICIENCIES; PROVIDED,
FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY  PROJECTS  SHALL  NOT
INCLUDE  STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS  RE-ORGANIZATION  EMPOWERMENT
GRANT  PURSUANT  TO  PARAGRAPH  Q  OF THIS SUBDIVISION. THE SECRETARY OF
STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL  AREAS,  WITHIN
DISTRESSED  COMMUNITIES  AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE  OPPORTUNITY,  IN  WHICH
CASE  SUCH  AREAS  OF  FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
TIONS.
  (III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION  OF  FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
  (IV)  LOCAL  GOVERNMENT  EFFICIENCY  GRANTS MAY BE USED TO COVER COSTS
INCLUDING, BUT NOT LIMITED TO, LEGAL AND  CONSULTANT  SERVICES,  CAPITAL
IMPROVEMENTS,  TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT  EFFICIENCY  GRANT
WORK  PLAN.  GRANTS  MAY  BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY  WHERE  SUCH  EXPENSES
ARE  INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT EFFICIENCY
PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR  RECUR-
RING  EXPENSES  SUCH  AS  SALARIES,  EXCEPT THAT THE SALARIES OF CERTAIN
TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE  APPROVED
LOCAL  GOVERNMENT  EFFICIENCY  GRANT  WORK  PLAN SHALL BE ELIGIBLE FOR A
PERIOD NOT TO EXCEED THREE  YEARS.  THE  AMOUNTS  AWARDED  TO  A  SCHOOL
DISTRICT  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL NOT BE INCLUDED IN THE
APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS  DEFINED  IN  PARA-
GRAPH  T  OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW.
  (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A  LOCAL  GOVERNMENT  EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY;  PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE
A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS.  THE  MAXIMUM
GRANT  AWARD  FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE

S. 2605--D                         27                         A. 3005--D

PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING  AND  IMPLE-
MENTATION  OF  A  LOCAL  GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED
TWELVE THOUSAND FIVE HUNDRED DOLLARS PER MUNICIPALITY; PROVIDED,  HOWEV-
ER, THAT IN NO EVENT SHALL SUCH A PLANNING PROJECT RECEIVE A GRANT AWARD
IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
  (VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
COST  OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT
OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
EQUAL TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER  THE
GRANT  WORK  PLAN  APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED
FOR IMPLEMENTATION GRANTS. IN THE EVENT AN APPLICANT IS  IMPLEMENTING  A
PROJECT  THAT  THE  APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED
PLANNING GRANT  FUNDED  UNDER  THE  LOCAL  GOVERNMENT  EFFICIENCY  GRANT
PROGRAM  OR  THE  SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE
LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED  BY  THE  LOCAL  MATCHING
FUNDS  REQUIRED  BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP TO THE
AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
  (VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF  STATE  SHALL
GIVE  THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3)  BY
LOCAL  GOVERNMENTS  WITH  HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO  BE  GIVEN  TO
MUNICIPALITIES  THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
TO THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE  GRANT
PROGRAM,  AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
OPMENT PROJECTS THAT HAVE RECEIVED FUNDS  THROUGH  STATE  COMMUNITY  AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
  (VIII)  WITHIN  ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE  APPLICANT  HAS
FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
OF  THE  APPLICATION  CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION,  OR  DETER-
MINING  AN  APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
CONTAIN INFORMATION, THE  DEPARTMENT  SHALL  SO  NOTIFY  THE  APPLICANT.
APPLICANTS  SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
IF IT IS AMENDED BY THE APPLICATION  DEADLINE.    IF  AN  APPLICANT  HAS
SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
APPLICATION  TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
FOR CONSIDERATION. UNDER NO CIRCUMSTANCES  SHALL  THIS  SUBPARAGRAPH  BE
DEEMED  TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE  DEPARTMENT  TO  CONDUCT  A
SUBSTANTIVE  REVIEW  OF  THE  CONTENTS OF ANY APPLICATION OUTSIDE OF THE
PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
  (IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT  OF  A  DECISION
REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
THIRTY DAYS AFTER SUCH DECISION.
  (X) THE DEPARTMENT OF STATE SHALL PREPARE  AN  ANNUAL  REPORT  TO  THE
GOVERNOR  AND  THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT  CITIZENS  RE-OR-
GANIZATION  EMPOWERMENT GRANT PROGRAM.  SUCH REPORT SHALL BE PROVIDED ON
OR BEFORE OCTOBER FIRST OF EACH YEAR  AND  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT  CATEGORY,  AN  ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES

S. 2605--D                         28                         A. 3005--D

THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND  SIGNIF-
ICANT  IMPROVEMENTS  IN  SERVICE  REALIZED  BY  MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
  S  3-a. Subparagraph (vii) of paragraph t of subdivision 10 of section
54 of the state finance law, paragraph t as relettered by section  three
of  this  act,  is renumbered subparagraph (viii) and a new subparagraph
(vii) is added to read as follows:
  (VII) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT OF  A  DECISION
REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
THIRTY DAYS AFTER SUCH DECISION.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART L
                          Intentionally omitted

                                 PART M
                          Intentionally omitted

                                 PART N

  Section  1. Subdivisions 1, 3, 4, 5 and 6 of section 709 of the execu-
tive law, subdivision 1 as amended and subdivisions 3, 4,  5  and  6  as
added  by  section  14  of part B of chapter 56 of the laws of 2010, are
amended to read as follows:
  1. There is hereby created within the executive department  the  divi-
sion  of  homeland security and emergency services, which shall have and
exercise the powers and duties set forth in this article. Any  reference
to  the  'office of public security', the 'office of homeland security',
the 'state emergency management office'[, the 'office of  cyber  securi-
ty']  or  the 'office of fire prevention and control' in the laws of New
York state, executive orders, or contracts entered into on behalf of the
state shall be deemed to refer to the division of homeland security  and
emergency services.
  3.  The  division  of  homeland  security and emergency services shall
consist of several offices including, but not limited to, the office  of
counterterrorism,  which  shall  have the powers, and be responsible for
carrying out the duties, including but not limited to those set forth in
section seven hundred nine-a of this article; the  office  of  emergency
management, which shall have the powers, and be responsible for carrying
out  the duties, including but not limited to those set forth in article
two-B of this chapter; the office of fire prevention and control,  which
shall  have  the powers, and be responsible for carrying out the duties,
including but not limited to those set forth in article  six-C  of  this
chapter[; the office of cyber security, which shall have the powers, and
be responsible for carrying out the duties, including but not limited to
those  set  forth in section seven hundred fifteen of this article;] and
the office of interoperable and emergency  communications,  which  shall
have the powers, and be responsible for carrying out the duties, includ-
ing  but  not limited to those set forth in section seven hundred seven-
teen of this article.
  4. As set forth in section seven hundred  ten  of  this  article,  the
commissioner of the division of homeland security and emergency services
shall  be  appointed by the governor, with the advice and consent of the

S. 2605--D                         29                         A. 3005--D

senate, and hold office at the pleasure of the governor.  The  directors
of   the   offices   of  counterterrorism,  emergency  management,  fire
prevention and control, [cyber security,] and interoperable and emergen-
cy  communications,  and such other offices as may be established, shall
be appointed by, and hold office at the pleasure of,  the  governor  and
they  shall report to the commissioner of the division of homeland secu-
rity and emergency services.
  5. The directors of the offices of counterterrorism, emergency manage-
ment, fire prevention and control, [cyber security,]  interoperable  and
emergency  communications,  and  of  such other offices as may be estab-
lished, shall, in consultation with the commissioner, have the authority
to promulgate rules and regulations to carry out  the  duties  of  their
office,  including the establishment of fees necessary to compensate for
costs associated with the delivery of training and services.
  6. The directors of the offices of counterterrorism, emergency manage-
ment, fire prevention and control, [cyber security,]  interoperable  and
emergency  communications, and such other offices as may be established,
shall have the authority to enter into contracts with any person,  firm,
corporation, municipality, or government entity.
  S 2. Section 715 of the executive law is REPEALED.
  S  3.  Subdivision  10  of section 103 of the state technology law, as
added by chapter 430 of the laws of 1997, and such section as renumbered
by chapter 437 of the laws of 2004, is amended to read as follows:
  10. To establish statewide  technology  policies,  including  but  not
limited to preferred technology standards and security, INCLUDING STATE-
WIDE POLICIES, STANDARDS, PROGRAMS, AND SERVICES RELATING TO THE SECURI-
TY  OF  STATE  GOVERNMENT  NETWORKS  AND GEOGRAPHIC INFORMATION SYSTEMS,
INCLUDING THE STATEWIDE COORDINATION OF GEOGRAPHICALLY REFERENCED  CRIT-
ICAL INFRASTRUCTURE INFORMATION;
  S 4. Section 103 of the state technology law is amended by adding four
new subdivisions 18, 19, 20 and 21 to read as follows:
  18.  TO  PROVIDE  FOR  THE  PROTECTION OF THE STATE GOVERNMENT'S CYBER
SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE  IDENTIFICA-
TION  AND  MITIGATION  OF  VULNERABILITIES,  DETERRING AND RESPONDING TO
CYBER EVENTS, AND PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE.
  19. TO MAINTAIN, IN ELECTRONIC  OR  PAPER  FORMATS,  MAPS,  GEOGRAPHIC
IMAGES, GEOGRAPHIC DATA AND METADATA.
  20.  NOTWITHSTANDING  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (A) OF SUBDIVISION  EIGHT  OF  SECTION  SEVENTY-THREE  OF  THE
PUBLIC OFFICERS LAW, FORMER OFFICERS OR EMPLOYEES OF THE OFFICE OF CYBER
SECURITY  EMPLOYED  BY  THE NOT-FOR-PROFIT CORPORATION THAT OPERATES THE
MULTI-STATE INFORMATION SHARING AND ANALYSIS CENTER  MAY  APPEAR  BEFORE
AND  RENDER SERVICES TO ANY FEDERAL, STATE, LOCAL, TERRITORIAL OR TRIBAL
GOVERNMENT RELATING TO CYBER SECURITY.
  21. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-THREE
OF  THE  STATE  FINANCE  LAW,  SECTION  ONE HUNDRED THREE OF THE GENERAL
MUNICIPAL LAW, ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT  LAW,  OR  ANY
OTHER  PROVISION  OF  LAW RELATING TO THE AWARD OF PUBLIC CONTRACTS, ANY
OFFICER, BODY, OR AGENCY OF NEW YORK STATE, PUBLIC CORPORATION, OR OTHER
PUBLIC ENTITY SUBJECT TO SUCH PROVISIONS OF LAW SHALL BE  AUTHORIZED  TO
ENTER  INDIVIDUALLY OR COLLECTIVELY INTO CONTRACTS WITH THE NOT-FOR-PRO-
FIT CORPORATION THAT OPERATES THE MULTI-STATE  INFORMATION  SHARING  AND
ANALYSIS  CENTER FOR THE PROVISION OF SERVICES THROUGH SEPTEMBER THIRTI-
ETH, TWO THOUSAND FOURTEEN RELATED TO CYBER SECURITY INCLUDING, BUT  NOT
LIMITED  TO,  MONITORING,  DETECTING, AND RESPONDING TO CYBER INCIDENTS,
AND SUCH CONTRACTS MAY BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURES

S. 2605--D                         30                         A. 3005--D

RELATING TO THE PROCUREMENT OF SERVICES SET FORTH IN SUCH PROVISIONS  OF
LAW.    SUCH  CONTRACTS  SHALL, HOWEVER, BE SUBJECT TO THE COMPTROLLER'S
EXISTING AUTHORITY TO APPROVE CONTRACTS WHERE SUCH APPROVAL IS  REQUIRED
BY  SECTION  ONE  HUNDRED  TWELVE OF THE STATE FINANCE LAW OR OTHERWISE.
SUCH OFFICERS, BODIES, OR AGENCIES MAY PAY THE  FEES  OR  OTHER  AMOUNTS
SPECIFIED  IN  SUCH  CONTRACTS  IN  CONSIDERATION  OF THE CYBER SECURITY
SERVICES TO BE RENDERED PURSUANT TO SUCH CONTRACTS.
  S 5. Subdivision 2 and paragraph (a) of subdivision 7 of  section  208
of  the state technology law, subdivision 2 as amended by chapter 491 of
the laws of 2005 and paragraph  (a)  of  subdivision  7  as  amended  by
section  27  of part A of chapter 62 of the laws of 2011, are amended to
read as follows:
  2. Any state entity that  owns  or  licenses  computerized  data  that
includes  private  information shall disclose any breach of the security
of the system following discovery or notification of the breach  in  the
security  of  the system to any resident of New York state whose private
information was, or is reasonably believed to have been, acquired  by  a
person  without valid authorization. The disclosure shall be made in the
most expedient time possible and without unreasonable delay,  consistent
with the legitimate needs of law enforcement, as provided in subdivision
four  of  this section, or any measures necessary to determine the scope
of the breach and restore the reasonable integrity of the  data  system.
The  state entity shall consult with the state [office of cyber security
and critical infrastructure coordination] OFFICE OF INFORMATION TECHNOL-
OGY SERVICES to determine the scope of the breach and restoration  meas-
ures.
  (a)  In  the event that any New York residents are to be notified, the
state entity shall notify the state attorney general, the department  of
state  and  the state [office of cyber security and critical infrastruc-
ture coordination] OFFICE OF INFORMATION TECHNOLOGY SERVICES as  to  the
timing,  content  and distribution of the notices and approximate number
of affected persons. Such notice shall be made without  delaying  notice
to affected New York residents.
  S  6.  Paragraph (a) of subdivision 8 of section 899-aa of the general
business law, as amended by section 43 of part A of chapter  62  of  the
laws of 2011, is amended to read as follows:
  (a)  In  the event that any New York residents are to be notified, the
person or business shall notify the state attorney general, the  depart-
ment  of  state  and the DIVISION OF state [office of cyber security and
critical infrastructure coordination] POLICE as to the  timing,  content
and  distribution  of  the  notices  and  approximate number of affected
persons. Such notice shall be made without delaying notice  to  affected
New York residents.
  S 7. Any reference to the office of cyber security or to the office of
cyber  security  and critical infrastructure coordination in the laws of
New York state, executive orders or contracts entered into on behalf  of
the state shall be deemed to refer to the office of information technol-
ogy services.
  S  8.  (a)  Notwithstanding  any provision of law to the contrary, any
person employed by the office of the  Medicaid  inspector  general,  the
office  of mental health, the office for people with developmental disa-
bilities, the department of health and the division of state police  and
any  person  employed  in the exempt class positions of employee program
associate, employee program assistant or employee relations associate by
the governor's office of employee relations immediately prior  to  being
transferred to the office of information technology services pursuant to

S. 2605--D                         31                         A. 3005--D

subdivision  2 of section 70 of the civil service law effective November
22, 2012 and November 29, 2012, and who, immediately prior  thereto  was
performing  information technology functions similar to persons employed
in  appropriate  competitive  class  positions, shall be given permanent
competitive class rights and status and  shall  continue  to  hold  such
position  in  the  office  of  information  technology  services without
further examination. No such  employee  transferred  to  the  office  of
information  technology  services shall be subject to a new probationary
term, provided, however, that any employee in probationary status at the
time of the transfer shall be required  to  complete  that  probationary
term  at  the  office  of information technology services under the same
terms and conditions as were applicable to them while  employed  at  the
office  of  the Medicaid inspector general, the office of mental health,
the office for people with developmental disabilities, the department of
health, the division of  state  police  and  the  governor's  office  of
employee relations.
  (b)  Any  employees whose positions are re-classified pursuant to this
section or section nine or ten of this act shall have  seniority  rights
on  the  basis  of  continuous  service  from the date of their original
permanent appointment to the classified service or the date of permanent
employment with the office of the Medicaid inspector general, the office
of mental health, the office for people with developmental disabilities,
the department of health or the  division  of  state  police.  Any  such
employees  employed  by  the  division of state police in an appropriate
non-competitive title on a permanent basis, shall also be deemed to have
that period of employment count as permanent competitive service in that
title for purposes of qualifying for promotional examinations or  trans-
fers  pursuant  to  subdivision 6 of section 52 of the civil service law
and subdivision 1 of section 70 of the civil service law.
  (c) No employee whose  position  is  re-classified  pursuant  to  this
section  or  section nine or ten of this act shall suffer a reduction in
basic salary as a result of the re-classification and shall continue  to
receive,  at  a  minimum,  the  salary that such employee received while
employed by the office of the Medicaid inspector general, the office  of
mental  health,  the  office for people with developmental disabilities,
the department of health, the division of state police  and  the  gover-
nor's  office  of  employee  relations.    The director of the office of
information technology services shall also allow employees of the  divi-
sion  of state police whose positions are re-classified pursuant to this
section or section nine of this act credit for all of the annual  leave,
sick  leave,  or  personal leave standing to their credit at the time of
the transfer, but not in excess of the maximum accumulation permitted in
the office of information technology services.
  S 9. Notwithstanding any provision of law to the contrary,  the  civil
service  department  may re-classify any person employed in a permanent,
classified, competitive position immediately prior to being  transferred
to  the office of information technology services effective November 22,
2012 and November 29, 2012, pursuant to subdivision 2 of section  70  of
the  civil  service law to align with the duties and responsibilities of
their positions upon transfer. Permanent employees whose  positions  are
subsequently re-classified to align with the duties and responsibilities
of  their  positions upon being transferred to the office of information
technology services effective November 22, 2012 and November  29,  2012,
pursuant  to  subdivision 2 of section 70 of the civil service law shall
hold  such  positions  without  further  examination  or  qualification.
Notwithstanding  any  other  provision  of  this act, the names of those

S. 2605--D                         32                         A. 3005--D

competitive permanent employees on promotion  eligible  lists  in  their
former agency or department shall be added and interfiled on a promotion
eligible  list in the new department, as the state civil service depart-
ment deems appropriate.
  S  10. Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person  employed  in  the  exempt
class  positions of employee program associate, employee program assist-
ant or employee relations associate by the governor's office of employee
relations immediately prior to being transferred to the office of infor-
mation technology services effective November 22, 2012, and November 29,
2012, pursuant to subdivision 2 of section 70 of the civil  service  law
to  align  with  the duties and responsibilities of their positions upon
transfer. Permanent employees whose positions are subsequently  re-clas-
sified  to align with the duties and responsibilities of their positions
upon being transferred to the office of information technology  services
effective November 22, 2012, and November 29, 2012, pursuant to subdivi-
sion  2 of section 70 of the civil service law shall hold such positions
without further examination or qualification.
  S 11. This act shall take effect immediately.

                                 PART O
                          Intentionally omitted

                                 PART P

  Section 1. Subdivision 6 of section 163 of the state finance  law,  as
amended  by  chapter  173  of  the  laws  of 2010, is amended to read as
follows:
  6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand  dollars
without  a  formal  competitive  process;  state  agencies  may purchase
services and commodities in  an  amount  not  exceeding  fifty  thousand
dollars  without  a  formal  competitive process; and state agencies may
purchase commodities or services from small business concerns  or  those
certified pursuant to article fifteen-A of the executive law, or commod-
ities  or technology that are recycled or remanufactured, OR COMMODITIES
THAT ARE FOOD, INCLUDING MILK AND  MILK  PRODUCTS,  GROWN,  PRODUCED  OR
HARVESTED IN NEW YORK STATE in an amount not exceeding two hundred thou-
sand dollars without a formal competitive process.
  S  2.  Section 163 of the state finance law is amended by adding a new
subdivision 6-c to read as follows:
  6-C. PURSUANT TO THE AUTHORITY PROVIDED IN  SUBDIVISION  SIX  OF  THIS
SECTION,  FOR  THE PURCHASE OF COMMODITIES THAT ARE FOOD, INCLUDING MILK
AND MILK PRODUCTS, GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE, WHERE
SUCH COMMODITIES EXCEED FIFTY THOUSAND DOLLARS IN VALUE, STATE  AGENCIES
MUST  ADVERTISE  THE  DISCRETIONARY PURCHASE ON THE STATE AGENCY WEBSITE
FOR A REASONABLE PERIOD OF TIME  AND  MAKE  THE  DISCRETIONARY  PURCHASE
BASED  ON  THE LOWEST PRICE THAT MEETS THE STATE AGENCY'S FORM, FUNCTION
AND UTILITY.
  S 3. This act shall take effect immediately;  provided  however,  that
the  amendments to section 163 of the state finance law made by sections
one and two of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.

S. 2605--D                         33                         A. 3005--D

                                 PART Q

  Section 1. Subdivisions 1, 2, 3 and 6 of section 29-h of the executive
law,  as  added  by  section 10-a of part B of chapter 56 of the laws of
2010, paragraph c of subdivision 2 as amended by section 8 and paragraph
a of subdivision 6 as amended by section 9 of part G of  chapter  55  of
the laws of 2012, are amended to read as follows:
  1. Creation. There is hereby created the intrastate mutual aid program
to  complement existing mutual aid agreements in the event of a disaster
that results in a formal declaration of an emergency by a  participating
local  government.  All  local  governments  within the state, excepting
those which affirmatively choose not to participate in  accordance  with
subdivision  four  of this section, are deemed to be participants in the
program; PROVIDED, HOWEVER, WITH RESPECT TO SCHOOL DISTRICTS AND  BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES, SUCH PARTICIPATION SHALL BE LIMITED
TO THE SHARING OF FACILITIES MANAGEMENT AND ADMINISTRATIVE PERSONNEL AND
EQUIPMENT.
  2.  Definitions.  As  used  in this section, the following terms shall
have the following meanings:
  a. "Employee"  means  any  person  holding  a  position  by  election,
appointment, or employment by a local government;
  b.  "Local  government"  means  any  county, city, town [or], village,
SCHOOL DISTRICT OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  of  the
state;
  c.  "Local  emergency  management director" means the local government
official responsible for emergency preparedness, response and recovery;
  d. "Requesting local government" means the local government that  asks
another  local government for assistance during a declared emergency, or
for the purposes of conducting training, or undertaking a drill or exer-
cise;
  e. "Assisting local government" means one or  more  local  governments
that  provide  assistance  pursuant  to  a request for assistance from a
requesting local government during a  declared  emergency,  or  for  the
purposes  of  conducting  training,  or undertaking a drill or exercise;
[and]
  f. "Disaster" shall have the same meaning as in section twenty of this
article;
  G. "SCHOOL DISTRICT" SHALL HAVE THE SAME MEANING AS IN  TITLE  TWO  OF
THE  EDUCATION LAW, INCLUDING ANY PUBLIC SCHOOL DISTRICT AND ANY SPECIAL
ACT SCHOOL DISTRICT AS DEFINED IN  SECTION  FOUR  THOUSAND  ONE  OF  THE
EDUCATION LAW; AND
  H.  "BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES" SHALL HAVE THE SAME
MEANING AS IN SECTION NINETEEN HUNDRED FIFTY OF THE EDUCATION LAW.
  3. Intrastate mutual  aid  program  committee  established;  meetings;
powers  and  duties.  a.  There  is  hereby  created within the disaster
preparedness commission an intrastate mutual aid program committee,  for
purposes of this section to be referred to as the committee, which shall
be  chaired by the commissioner of the division of homeland security and
emergency services, and shall include the state fire administrator,  the
commissioner  of  health,  THE COMMISSIONER OF EDUCATION and the commis-
sioner of agriculture and markets, provided that each such official  may
appoint  a  designee  to serve in his or her place on the committee. The
committee shall also include  five  representatives  from  local  public
safety  or  emergency  response  agencies  AND ONE REPRESENTATIVE FROM A
SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES.  SUCH
REPRESENTATIVES,  who shall serve a maximum two-year term, [to be] SHALL

S. 2605--D                         34                         A. 3005--D

BE appointed by the commissioner of the division  of  homeland  security
and emergency services, with regard to a balance of geographic represen-
tation and discipline expertise.
  b.  The committee, on the call of the chairperson, shall meet at least
twice each year and at such other times as may be necessary. The  agenda
and meeting place of all regular meetings shall be made available to the
public  in  advance of such meetings and all such meetings shall be open
to the public.
  c. The committee shall have the following powers and responsibilities:
  (1) to promulgate rules and regulations, acting through  the  division
of homeland security and emergency services, to implement the intrastate
mutual aid program as described in this section;
  (2) to develop policies, procedures and guidelines associated with the
program,  including  a  process for the reimbursement of assisting local
governments by requesting local governments;
  (3) to evaluate the use of the intrastate mutual aid program;
  (4) to examine issues facing participating local governments regarding
the implementation of the intrastate mutual aid program; and
  (5)  to  prepare  reports  to  the  disaster  preparedness  commission
discussing  the  effectiveness  of  mutual  aid  in the state and making
recommendations for improving the efficacy of the system,  if  appropri-
ate.
  6.  Requesting  assistance under the intrastate mutual aid program. a.
[A] SUBJECT TO THE RESTRICTIONS ON SCHOOL DISTRICTS AND BOARDS OF  COOP-
ERATIVE  EDUCATIONAL  SERVICES  SET  FORTH  IN  SUBDIVISION  ONE OF THIS
SECTION, A participating local  government  may  request  assistance  of
other   participating   local  governments  in  preventing,  mitigating,
responding to and recovering from disasters that result in  locally-dec-
lared emergencies, or for the purpose of conducting multi-jurisdictional
or  regional  training, drills or exercises. Requests for assistance may
be made verbally or in writing; verbal requests shall be memorialized in
writing as  soon  thereafter  as  is  practicable.  Notwithstanding  the
provisions  of  section twenty-five of this article, the local emergency
management director shall have  the  authority  to  request  and  accept
assistance  and  deploy  the  local resources of his or her jurisdiction
under the intrastate mutual aid program.
  b. Once an emergency is declared at the county level, all requests and
offers for assistance, to the extent practical, shall  be  made  through
the  county  emergency  management office, or in the case of the city of
New York, through the city emergency management office. All requests for
assistance should include:
  (1) a description of the disaster;
  (2) a description of the assistance needed;
  (3) a description of the mission for which assistance is requested;
  (4) an estimate of the length of time the assistance will be needed;
  (5) the specific place and time for staging of the  assistance  and  a
point of contact at that location; and
  (6)  any other information that will enable an assisting local govern-
ment to respond appropriately to the request.
  c. Assisting local governments shall submit to  the  requesting  local
government an inventory of the resources being deployed.
  d. The written request for assistance and all inventories of resources
being  deployed  shall be submitted to the division of homeland security
and emergency services within three calendar days of the request for  or
deployment of such resources.
  S 2. This act shall take effect immediately.

S. 2605--D                         35                         A. 3005--D

                                 PART R
                          Intentionally Omitted

                                 PART S
                          Intentionally omitted

                                 PART T

  Section  1.  Paragraph  1  of  subdivision  2-a of section 19-a of the
public lands law, as amended by section 1 of part T of chapter 57 of the
laws of 2012, is amended to read as follows:
  (1) Notwithstanding any provision of this section to the contrary,  in
addition  to state aid otherwise payable pursuant to this section, there
shall be payable to any city located in a county in which there has been
constructed a state office  building  project  in  accordance  with  the
provisions  of  chapter  one  hundred  fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to  an  agreement  entitled
the  "South  Mall  contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
               State Fiscal Year
                                   Amount

               2000-2001           $4,500,000
               2001-2002           $4,500,000
               2002-2003           $4,500,000
               2003-2004           $9,850,000
               2004-2005           $16,850,000
               2005-2006           $22,850,000
               2006-2007           $22,850,000
               2007-2008           $22,850,000
               2008-2009           $22,850,000
               2009-2010           $22,850,000
               2010-2011           $22,850,000
               2011-2012           $15,000,000
               2012-2013           $22,850,000
               [2013-2014          $15,000,000] 2013-2014 $22,850,000
               2014-2015           $15,000,000
               2015-2016           $15,000,000
               2016-2017           $15,000,000
               2017-2018           $15,000,000
               2018-2019           $15,000,000
               2019-2020           $15,000,000
               2020-2021           $15,000,000
               2021-2022           $15,000,000
               2022-2023           $15,000,000
               2023-2024           $15,000,000
               2024-2025           $15,000,000
               2025-2026           $15,000,000
               2026-2027           $15,000,000
               2027-2028           $15,000,000
               2028-2029           $15,000,000
               2029-2030           $15,000,000
               2030-2031           $15,000,000
               [2031-2032          $15,000,000] 2031-2032 $7,150,000

S. 2605--D                         36                         A. 3005--D

               2032-2033           $7,150,000
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART U
                          Intentionally omitted

                                 PART V

  Section 1. The executive law is amended by adding a new  section  29-i
to read as follows:
  S  29-I. IMMUNITY FROM LIABILITY FOR EMERGENCY ALERTS. ANY PROVIDER OF
MOBILE SERVICES, AS DEFINED IN 47 U.S.C. 153,  INCLUDING  ITS  OFFICERS,
DIRECTORS, EMPLOYEES, VENDORS AND AGENTS, ACTING ON BEHALF OF THE STATE,
THAT  TRANSMITS  EMERGENCY  ALERTS  SIMILAR TO THOSE DESCRIBED IN 47 CFR
10.10 AND 10.400 SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION RELATED  TO
OR  ANY HARM RESULTING FROM THE TRANSMISSION OF, OR FAILURE TO TRANSMIT,
AN EMERGENCY ALERT, PROVIDED  THAT  SUCH  PROVIDER,  OFFICER,  DIRECTOR,
EMPLOYEE, VENDOR OR AGENT ACTED REASONABLY AND IN GOOD FAITH.
  S 2. This act shall take effect immediately.

                                 PART W

  Section  1.  Subsection  (g)  of section 5402 of the insurance law, as
added by chapter 136 of the laws of 2008, is amended to read as follows:
  (g) In addition to fire insurance,  extended  coverage,  coverage  for
additional  perils  and  homeowners  insurance  should  the same be made
available through the association in accordance with a determination  of
necessity  pursuant to section five thousand four hundred twelve of this
article, the association may offer broad  form  coverage  to  applicants
seeking to insure real property at fixed locations of this state, or the
tangible  personal  property  located thereon. The association may offer
broad form coverage for a period of [five] TEN years [after  the  effec-
tive  date of this subsection] BEGINNING ON JUNE THIRTIETH, TWO THOUSAND
EIGHT. The superintendent shall require the association to report to him
or her annually during that [five-year] TEN-YEAR period as to the number
of policies written pursuant to this subsection and paragraph  three  of
subsection  (f) of section five thousand four hundred five of this arti-
cle in the previous year, and any other information  the  superintendent
may  require.  The  superintendent shall then report to the governor and
the legislature regarding the number of policies issued pursuant to this
subsection and such paragraph annually for the first [four]  NINE  years
such  coverage  is  offered.  On  or  before January first, two thousand
[thirteen] EIGHTEEN, the superintendent shall make a  final,  cumulative
report to the governor and the legislature which shall include recommen-
dations as to the continuation of such insurance offerings.
  S 2. This act shall take effect immediately.

                                 PART X

  Section  1.    Section 13 of chapter 141 of the laws of 1994, amending
the legislative law and the state finance law relating to the  operation
and administration of the legislature, as amended by section 2 of part S
of chapter 55 of the laws of 2012, is amended to read as follows:

S. 2605--D                         37                         A. 3005--D

  S  13.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect as of April 1, 1994,  provided  that,
the  provisions  of  section  5-a  of  the legislative law as amended by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legisla-
tive  law  as  added  by section eight of this act shall expire June 30,
[2013] 2014 when upon such date the provisions of such article shall  be
deemed  repealed;  and  provided further that section twelve of this act
shall be deemed to have been in full force and effect on and after April
10, 1994.
  S 2.  This act shall take effect immediately,  provided,  however,  if
section  one  of  this  act  shall take effect on or after June 30, 2013
section one of this act shall be deemed to have been in full  force  and
effect on and after June 30, 2013.

                                 PART Y

  Section  1.  Section  212 of the retirement and social security law is
amended by adding a new subdivision 3 to read as follows:
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
SECTION,  THE  COMMISSIONER  OF  EDUCATION  MAY  DETERMINE,  PURSUANT TO
SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE, THAT SUCH  EARNINGS  LIMITA-
TIONS  SHALL  NOT APPLY TO A RETIRED POLICE OFFICER EMPLOYED BY A SCHOOL
DISTRICT AS A SCHOOL RESOURCE OFFICER.
  S 2. This act shall take effect immediately.

                                 PART Z

  Section 1.  Subdivision 8 of section 9 of chapter 401 of the  laws  of
2002,  amending the real property tax law and the Nassau county adminis-
trative code relating to assessment and review  of  assessments  in  the
county  of  Nassau,  as  amended  by chapter 183 of the laws of 2012, is
amended to read as follows:
  8. Notwithstanding the foregoing provisions of this act, on [March 31,
2013] JUNE 30, 2014 the amendments of sections 6-2.1 and 6-13.0  of  the
Nassau county administrative code, made by sections two and four of this
act,  and section 6-24.1 of such code, as added by section seven of this
act, shall be deemed repealed. On such date the addition  of  the  words
"the  year  following" to the first sentence of subdivision 8 of section
523-b of the real property tax law, as amended by section  one  of  this
act, shall be deemed repealed.
  S 2. Paragraph (a) of subdivision 6 of section 523-b of the real prop-
erty  tax law, as amended by chapter 401 of the laws of 2002, is amended
to read as follows:
  (a) During the period from January second through [March]  MAY  first,
any  person or corporation claiming to be aggrieved by the assessment of
real estate may apply for correction of such assessment.  Such  applica-
tion shall be duly verified by a person having personal knowledge of the
facts  stated  therein,  provided  that  if the application is signed by
someone other than the person or an officer of the corporation  claiming
to  be aggrieved, the application must be accompanied by a duly executed
power of attorney or authorization or as otherwise  prescribed  by  [the
rules and regulations of the commission] THIS CHAPTER.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall expire and be deemed repealed  January  1,
2014.

S. 2605--D                         38                         A. 3005--D

  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Z of this act shall  be
as specifically set forth in the last section of such Parts.

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